K.N.Durgabai v. The Inspector General of Registration

ORDER The petitioner seeks for cancellation of a sale deed dated 20.09.2002 through this writ petition, which, according to the petitioner, is a fraudulent sale deed obtained by the fifth respondent in her favour.

¶2According to the petitioner, when the petitioner's mother was on her death bed, the fifth respondent, who was only a cultivating tenant, had fraudulently obtained a sale deed in her favour on 20.09.2002 registered as Document No.4405 of 2002.

¶3The law is now well settled by various decisions rendered by this Court that the Registration Department cannot cancel the registered document wherever adjudication of title is required. In the case on hand, the petitioner claims that the sale deed dated 20.09.2002 referred to supra was fraudulently obtained by the fifth respondent from her mother, while she was in her death bed. Page3 of 4

¶4The contentions of the petitioner as raised in this writ petition with regard to the fraudulent execution of sale deed dated 20.09.2002 in favour of the fifth respondent require oral and documentary evidence. The Registration Department cannot adjudicate whether the sale deed dated 20.09.2002 was executed fraudulently or not, and the same can be adjudicated only by a competent civil court by considering the oral and documentary evidence let in by both the parties. Therefore, in view of the settled law, this Court is not entertaining this writ petition, and accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach the competent civil court to seek the relief as prayed for in this writ petition. No Cost. W.M.P.No.13015 of 2026 is closed. 01-04-2026 RKM To

¶1The Inspector General of Registration No 100, Santhome High Road, Chennai 600 028.

¶2The Deputy Registrar, Chengalpattu zone, No A49/1 Azhakesan Nagar, G.S.T.Road, Chengalpattu 603 001

¶3The District Registrar District register office No 10 Kanchipuram Main Road, Chenglapattu 603 002

¶4The sub Registrar Sub Registrar office, Sriperumbudur, Kanchipuram District WPoNo.o11928oofo2026 ABDULoQUDDHOSE,oJ. RKM WPoNo.o11928oofo2026 01-04-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE K.N.Durgabai ..Petitioner(s) Vs 1. The Inspector General of Registration No 100, Santhome High Road, Chennai 600 028. 2. The Deputy Registrar, Chengalpattu zone, No A49/1 Azhakesan Nagar, G.S.T.Road, Chengalpattu 603 001 3. The District Registrar District register office No 10 Kanchipuram Main Road, Chenglapattu 603 002 4. The sub Registrar Sub Registrar office, Sriperumbudur, Kanchipuram District 5. D. Gandhimathi ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the 3rd respondent / District Register to consider the petitioner representation dated 13.02.2026 and conduct an enquiry with respect to the fraudulently executed sale Deed dated 20.09.2002 registered as Document No.4405 of 2002 on the file of the Sub Page2 of 4 Registrar, Sriperumbudur, and after affording opportunity to the parties concerned, pass appropriate orders. For Petitioner(s): Mr.A.K.Rajaraman For Respondent(s): Mr.U.Baranidharan, SGP (R1 to R4)