W.P(MD)No.772 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

W.P(MD)No.772 of 2023

Periyadurai

... Petitioner

Vs.

1.The District Registrar (Admin),

Registration Office,

Tirunelveli District,

Tirunelveli.

2.The Joint Sub Registrar No.II,

Thirunagar, Tirunelveli Town,

Tirunelveli – 627 001.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Certiorarified Mandamus, to call for the

entire records relating to the impugned refusal check slip

RFL/2 Tirunelveli/88/2022 in so far as denial of registration of partition deed

dated 26.12.2022 on the file of the 2nd Respondent and quash the same as

illegal and consequently directing the 2nd Respondent to register and return the

partition deed dated 26.12.2022 executed by the Petitioner.

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W.P(MD)No.772 of 2023

For Petitioner

: Mr.C.Susikumar

For Respondents : Mr.N.Satheeskumar,

Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner's parents namely, Pandi and Subbulakshmi are no more.

The petitioner has a brother by name Chinnadurai and three sisters. The

petitioner's mother purchased the petition mentioned properties. She executed

a Will dated 20.12.2003. The petitioner's mother passed away on 30.09.2015.

Based on the said Will executed by the mother, the children entered into a

partition deed among themselves on 26.12.2022. It was presented for

registration. The second respondent declined to entertain the document and

issued the impugned refusal check slip on the ground that the partition deed is

based on an unregistered Will and that therefore the partition deed cannot be

registered. Challenging the said refusal check slip, the present writ petition has

been filed.

3.After hearing the learned counsel on either side, I am satisfied that the

impugned refusal check slip has to be necessarily set aside. A Will does not

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W.P(MD)No.772 of 2023

require registration. However, the genuineness of the Will can be tentatively

gone into. While the petitioner need not prove the same before the second

respondent as it is done in Court of law, the second respondent will be justified

in calling upon the petitioner to obtain consent letters from the other legal heirs.

4.This approach was adopted by a learned Judge of this Court in

W.P.(MD)No.21289 of 2021 dated 30.11.2021. Adopting the same approach, I

call upon the petitioner to give the address details of his siblings (brother and

sisters) while re-presenting the document. The registering authority/second

respondent shall issue notice to the petitioner's siblings. If no objection is

received, the second respondent is bound to register the partition deed subject

to fulfilment of other usual formalities.

5.The writ petition is allowed on these terms. No costs.

09.02.2023

NCC

: Yes/No

Index

: Yes / No

Internet

: Yes/ No

ias

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W.P(MD)No.772 of 2023

G.R.SWAMINATHAN, J.

ias

To:

1.The District Registrar (Admin),

Registration Office,

Tirunelveli District,

Tirunelveli.

2.The Joint Sub Registrar No.II,

Thirunagar, Tirunelveli Town,

Tirunelveli – 627 001.

W.P(MD)No.772 of 2023

09.02.2023

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