WP No. 29280 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 29280 of 2026 A.Esa W/o.Ayyamperumal, 4/600, Malaiyalathan Kottai, Vellarivalli-637 101 Edappadi Taluk, Salem District. ..Petitioner(s) Vs The Sub Registrar Edappadi, Salem District. ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned check slip dated 08.07.2026 made in RFL/ Edappadi/ 61/ 2026 passed by the respondent quash the same and consequently to direct the respondent to register the settlement deed dated 07.07.2026 executed by the petitioner in favour of her daughter Jayammal, in respect of 1.23 acres in SF No.223/4 and 1.68 Acres in SF No.223/5, totally , 2.91 acres in Edappadi Village and Taluk, Salem District. __________ Page1 of 5 https://www.mhc.tn.gov.in/judis WP No. 29280 of 2026 For Petitioner(s): Mr. D.Akaash for Mr.N.Manokaran For Respondent(s): Mr.M.Roshan Atiq Government’s Counsel ORDER The present Writ Petition has been filed challenging the impugned Refusal Check Slip dated 08.07.2026 issued by the respondent. 2. The learned counsel appearing for the petitioner submitted that the impugned order was passed refusing to register the Settlement Deed dated 07.07.2026, executed by the petitioner in favour of her daughter Jayammal, in respect of 1.23 acres in S.F. No. 223/4 and 1.68 acres in S.F. No. 223/5, totally measuring 2.91 acres in Edappadi Village and Taluk, Salem District. The respondent refused registration citing the sole reason that the parental Will was unregistered, which is arbitrary and illegal. Challenging the same, the present Writ Petition has been filed. __________ Page2 of 5 https://www.mhc.tn.gov.in/judis WP No. 29280 of 2026 3. The learned Government’s Counsel appearing for the respondent fairly submitted that a Will is not compulsorily registrable document. Registration of Will is optional under the Registration Act. He further submitted that the matter may be remanded to the respondent for fresh consideration. 4. As rightly contended by the learned Government Counsel, the registration of a Will is not mandatory under law. Therefore, the refusal to register a subsequent document on the ground that the parental Will is unregistered cannot be sustained, unless there is any valid objection from a third party or other legal heirs. 5. Accordingly, the impugned order passed by the respondent dated 08.07.2026 is set aside. The petitioner is directed to re-present the Settlement Deed for registration before the respondent. Upon such re-presentation, the respondent shall consider and register the same forthwith, if it is otherwise in order, in accordance with law. __________ Page3 of 5 https://www.mhc.tn.gov.in/judis WP No. 29280 of 2026 6. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. 28-07-2026 Asi To The Sub Registrar Edappadi, Salem District. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis WP No. 29280 of 2026 KRISHNAN RAMASAMY, J. Asi WP No. 29280 of 2026 28-07-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis