ORDER
Challenge is made to the refusal check slip No. RFL / Sangagiri / 26/ 2026 dated 06.05.2026 issued by the Second respondent herein. The petitioner further seeks for a direction to the second respondent to register the settlement Deed dated 16.04.2026 executed by Mrs.Vellaiyammmal in favour of the petitioner herein.
2. The learned counsel for the petitioner submits that petitioner's mother intended to settle the subject properties by virtue of settlement deed dated 16.04.2026. He stated that the said properties were settled in favour of her by petitioner's younger brother by executing an unregistered Will dated 27.02.2009. The learned counsel for the petitioner further submits that it is well settled law that as per Section 18 of Registration Act, "the documents which are all optional for registration, include Will document also and it is not mandatory for registration". The 2ndrespondent cannot reject the document and issue refusal slip in this regard. Hence the writ petition is filed for the appropriate relief.
3. Per contra, the learned Government Counsel submits that the issue is pertaining to the registration of the Will. Unless and otherwise, if there is any objections made or received from the parties affected/interested, there will not
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be any impediment to register the settlement deed presented for registration. He further submits that if the matter is remanded back for reconsideration, the same will be taken up for registration in accordance with law.
4. As rightly contended by the learned counsel for the petitioner as well as the respondent, the property which has been bequeathed by the petitioner's mother from her son, M. Subramani, who died on 20.12.2010, by virtue of the Will, does not require mandatory registration. Therefore, the refusal of registration by the 2nd respondent citing the absence of registration of the Will is unsustainable. Accordingly, the impugned refusal slip dated 06.05.2026 issued by the 2nd respondent is hereby set aside.
5. The petitioner is directed to represent the settlement deed dated 16.04.2026 before the 2nd respondent for registration. Upon such representation, the 2nd respondent is directed to register the said document, if it is otherwise in accordance with law, forthwith after affording an opportunity of hearing to the parties concerned.
6. The writ petition stands allowed with the above direction. No costs.
22-07-2026
NVSRI
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To
1. THE DISTRICT REGISTRAR (Salem West) No.313, IIIrd Floor, District Registration Campus,
Salem Collectorate, Kottai Main Road, Salem-636 001.
2. The Sub Registrar Sangagiri Sub- Registration office, Sangagiri, Salem Dist-637 301.
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KRISHNAN RAMASAMY, J.
NVSRI
WP No. 28127 of 2026 22-07-2026
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