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2026 Supreme(Online)(Mad) 38592
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
T.R.Kumaran Bapu – Appellant
Versus
District Registrar, Madurai North – Respondent
Writ Petition | S.A.Nos.563, 564 and 565 of 2000 | TP/253264049/2026
For the Appellants/Petitioners: Mr.T.R.Subramanian
For the Respondents: Mr.F.Deepak Special Government Pleader
Legal heirs can register inherited judgment and decree upon producing legal heir and death certificates.
Headnote:Under Article 226 of the Constitution of India, the petitioner sought mandamus to direct registration of a prior court judgment and decree (S.A.Nos.563, 564, 565 of 2000 dated 23.06.2021) presented for properties in specified survey numbers. The decree named petitioner's father as first respondent who died on 22.08.2024, with petitioner as legal heir per certificate. The court found that legal heirs can seek registration of inherited decree shares despite not being named in the original decree. The issue framed was whether the judgment and decree could be registered by the petitioner as legal heir. The ratio decidendi holds that registration is permissible upon production of legal heir and death certificates, absent other procedural impediments. The writ petition is disposed of directing the petitioner to produce documents within two weeks and mandating registration upon compliance.
| Table of Content |
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| 1. petition seeks mandamus for decree registration as legal heir. (Para 1 , 2) |
| 2. respondents refuse registration due to petitioner's name absence. (Para 3) |
| 3. court directs registration upon producing heir and death certificates. (Para 4 , 5) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.R.Kumaran Bapu .. Petitioner – Vs. -
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1.The District Registrar, Madurai North, TNAU Nagar, Integrated Complex of Registration, Othakadai, Madurai 625107.
2.The Sub Registrar, Melur West Sub Registrar Office, No.46, Sivan Kovil Street, Melur, Madurai District. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to instruct the second respondent to register the common judgment and decree of this Court passed in S.A.Nos.563, 564 and 565 of 2000, dated 23.06.2021 which has been presented by the petitioner in TP/253264049/2026 dated 19.02.2026 before the second respondent for the properties situated at Narasingampatti Village, Melur Taluk, Madurai District in Joint Patta No.1382, the land is measuring 13 acres 08 cents in S.Nos.11/3, 12/3, 14/3, 12/7, 14/8, 12/9, 9/2, 14/1, 12/1, 12/5, 14/7, 11/1, 11/5, 12/3, 12/6, 14/2, 14/6, 11/2, 11/4, 12/4, 12/8, 14/4, 14/13, 14/4 and may be fixed stipulated time.
For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.F.Deepak Special Government Pleader
ORDER
The Writ Petition is filed for a Mandamus to register the Judgment and Decree in S.A.Nos.563, 564 and 565 of 2000, dated 23.06.2021, presented by the petitioner in TP/253264049/2026 dated 19.02.2026.
2. According to the learned counsel for the petitioner, his father was the first respondent in the Judgment and Decree, which is sought to be registered. Subsequently, he died on 22.08.2024 and a legal heir certificate was also issued showing the petitioner as one of the legal heirs. Inspite thereof, the document is not registered.
3. The learned Additional Government Pleader appearing on behalf of the respondents would submit that since the Judgment and Decree do not show the name of the petitioner, the same was not registered.
4. In view of the fact that the petitioner's father was the first respondent, the decree, especially conferring the share of the property and the petitioner is said to have been inherited the property, the Judgment and Decree shall be registered at the instance of the petitioner on production of the legal heir and death certificate.
5. In view thereof, this Writ Petition is disposed of on the following terms:
(i) Within two weeks from the date of receipt of a web copy of the order, the petitioner shall appear before the second respondent and produce the legal heir and death certificate and represent the Judgment and Decree for registration;
(iii) Upon which, if there is no other impediment on the other procedural formalities being complied with, the same shall be registered.
