Mahalakshmi Gurusamy v. The Sub Registrar

Order This Writ Petition has been filed challenging the impugned refusal check slip dated 22.06.2026 issued by the respondent, whereby registration of the Release Deed dated 04.06.2026 was refused. Page2 of 5

¶2The learned counsel appearing for the petitioner submitted that the petitioner is the daughter of the late Gurusamy, who owned a vast extent of land in Mettur Taluk, Salem District. Through his first wife, the petitioner's father had three sons and one daughter. After her demise, the petitioner's father married one G. Rukmani, with whom he had two sons and two daughters, including the petitioner. Owing to disputes between the legal heirs of the first and second wives, a partition of the properties was effected among all legal heirs via a registered Partition Deed. Under the said Partition Deed, the branches of the first wife were allotted specific, demarcated portions, whereas the branches of the second wife were allotted undivided portions of land. The deed also recorded stipulations regarding future properties to be acquired by the petitioner's father. Consequently, the revenue records were also mutated. Following the demise of the petitioner's father, the other surviving legal heirs from the second wife's branch decided to release their shares in the properties in favour of the petitioner. Accordingly, they executed a Release Deed dated

04.06.2026 and presented it for registration. However, the respondent refused to register the document and issued the impugned refusal check slip dated

22.06.2026, on the ground that the legal heirs of the first wife were not arrayed as parties to the Release Deed.

¶3The learned Additional Government Pleader appearing for the Page3 of 5 respondents submitted that since the legal heirs of the first wife were not included in the Release Deed, the respondent refused registration. It is, however, submitted that if the document is re-presented, the same shall be registered in accordance with the directions of this Court.

¶4Heard both sides and perused the materials available on record.

¶5Admittedly, the legal heirs belonging to the second wife's branch have executed the Release Deed strictly in respect of their respective shares alone. Therefore, this Court finds no legal impediment to the registration of the said Release Deed. The document in question is not a Sale Deed but a Release Deed, whereby the executants are merely relinquishing their rights and entitlements in their specific shares in favour of the petitioner. If at all any dispute arises regarding the title or extent, it is open to the aggrieved parties to agitate the same before a competent Civil Court. The Sub-Registrar cannot assume the role of a Civil Court and adjudicate upon the title to the properties. The grounds on which the Release Deed was rejected clearly indicate that the respondent has erroneously sought to adjudicate the title of the properties. It is settled law that registration of a Release Deed cannot be rejected when the parties are releasing only their specific entitlement. Even if it is ultimately found that they had no entitlement, the release would have no legal effect on third parties, and thus, there is no justification to withhold registration. Page4 of 5

¶6In view of the above, the impugned order dated 22.06.2026 passed by the respondent is quashed. The petitioner is directed to re-present the Release Deed dated 04.06.2026 for registration within a period of two weeks from the date of receipt of a copy of this order. Upon such re-presentation, the respondent is directed to register the Release Deed forthwith, if it is otherwise in order.

¶7Accordingly, this Writ Petition stands allowed with the above directions. No costs. 07-08-2026 Index: Yes/No Speaking/Non-speaking order SK To The Sub Registrar Mettur Salem District WPoNo.o31277oofo2026 KRISHNANoRAMASAMYoJ. SK WPoNo.o31277oofo2026 07-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Mahalakshmi Gurusamy W/O.Late.K.Varadharajan Door No.3/162, Kullappanaickenpatti village Kottamettupatti post Omalur Taluk Salem District ..Petitioner(s) Vs The Sub Registrar Mettur Salem District ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified mandamus to call for records of the respondent in refusal check slip bearing RDL/Mettur/13/2026 dated 22.6.2026 quash the same as illegal and consequently direct the respondent to register the release deed dated 4.6.2026 of the petitioner For Petitioner(s): Mr.S.Mohamed Abbhas For Respondent(s): Ms.Anu Ganesan, Additional Government Pleader