Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 42287

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Avudaithai – Appellant
Versus
Sub Registrar, Office of the Sub Registration Office, Veerasigamani, Tirunelveli District – Respondent
Writ Petition

Advocates:
For the Appellants/Petitioners: D.S. Haroon Rasheed
For the Respondents: M. Gangatharan

Registration of a document cannot be refused on the grounds that it is based on an unregistered Will, or that the property is subject to a subsisting mortgage, or that the mutation of the property record has not yet been executed in the name of the legatee.

Headnote:The petitioner filed a writ petition challenging the refusal of the respondent to register a settlement deed. The respondent refused the document on the grounds of an unregistered Will, the existence of a subsisting mortgage, and a lack of mutation in the property records. The court found that an unregistered Will is not a compulsory registrable document, a mortgage does not preclude the registration of a transfer subject to such encumbrance, and mutation is not a prerequisite for registration. Issues raised included whether a registrar can refuse registration solely based on an unregistered title document, an existing mortgage, or lack of revenue record mutation. The ratio decidendi emphasizes that the registering authority has no legal basis to prevent registration on these grounds, as legal heirs are bound by encumbrances and title can be derived from a Will regardless of registration status or current mutation. The impugned refusal check slip dated 07.04.2026 shall stand set aside and the document be registered in the manner known to law.

Table of Content
1. registration of documents cannot be refused based on objections regarding will registration, subsistence of mortgages, or lack of record mutation. (Para 1 , 2)
2. directs registration subject to the condition of an undertaking to settle outstanding mortgage liabilities. (Para 3)

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 07.04.2026.

2. When the petitioner presented a document, namely a deed of settlement, in favour of her children as well as grandchildren, the same is refused to be registered. The impugned refusal check sleep refuses the document on the ground that the petitioner claims title through an unregistered Will. It is repeatedly held by this Court that the Will is not a compulsory registrable document and the same cannot be a valid reason. The second reason, on which the document is refused, is that when the original owner of the property, namely the petitioner's son, Prabakar, was alive, he mortgaged the property in favour of the ICICI bank and when the mortgage is subsisting, the document cannot be registered. Admittedly, when the mortgagor has since died and the legal heirs are liable for the mortgage money and redeeming the property, the same will not now take away the right of the petitioner being the legatee under the Will. In any event, any transfer will be subject to the said mortgage. Therefore, the said reason cannot also be sustained. The third reason is that even though the Will has come into force, the patta is not mutated in the name of the petitioner. When the patta is traceable to the predecessor-in-title, mutation need not be insisted upon.

3. In view thereof, this Writ Petition is disposed of on the following terms:

(i) The impugned refusal check slip dated 07.04.2026 shall stand set aside;

(ii) The petitioner shall represent the document along with an affidavit of undertaking that they will duly settle the mortgage with the said bank.

(iii) Upon such representation with the undertaking affidavit, let notice be issued to the said mortgage also and thereafter, after hearing the parties, if there is no other impediment, let the document be registered in the manner known to law;

(iv) Let the aforesaid exercise be completed within a period of two months from the date of representation of the document by the petitioner.

No costs.

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2026 Supreme(Online)(Mad) 42287

IN THE HIGH COURT OF JUDICATURE AT MADRASD. Bharatha Chakravarthy, JAvudaithai – AppellantVersusSub Registrar, Office of the Sub Registration Office, Veerasigamani, Tirunelveli District – RespondentWrit Petition

Registration of a document cannot be refused on the grounds that it is based on an unregistered Will, or that the property is subject to a subsisting mortgage, or that the mutation of the property record has not yet been executed in the name of the legatee.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Avudaithai – Appellant
Versus
Sub Registrar, Office of the Sub Registration Office, Veerasigamani, Tirunelveli District – Respondent
Writ Petition