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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
| 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 re
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