Amaravathi v. The Sub Registrar

ORDER Challenge made in this Writ Petition is to the Refusal Check Slip bearing No. RFL/Sendamangalam/Book-II/3 dated 29.06.2026 issued by the first respondent and to consequently, direct the first respondent to receive, register, and release the Partition Deed presented by the petitioner without insisting on RBI Permission or any other clearance

¶2Learned counsel for the petitioner submitted that there are fifteen members in the family of the petitioner amongst them, two members are Sri Lankan Nationals. The family of the petitioner have several immovable and movable properties purchased by their common ancestor viz., Late Papayi @ Papayi Ammal and Late Muniyan who died intestate. Therefore, the ancestral properties were partitioned among themselves by a partition deed dated

25.06.2026 wherein the two members of the foreign nationals agreed to receive Rs.15,000/- each from the common family fund in full satisfaction of their share. Therefore, the petitioner when presented the partition deed dated

25.06.2026 before the first respondent, the first respondent refused to register the same vide Check Slip dated 29.06.2026 solely on the ground that two executants are Sri Lankan nationals and hence, they have to get prior permission Page3 of 6 from Reserve Bank of India for acquiring or transferring any immovable property in India. The learned counsel for the petitioner further submitted that the two foreign nationals, who are the family members of the petitioner, are not transferring or acquiring any property. In fact, they are relinquishing their right over the ancestral property by receiving only a sum of Rs.15,000/- each from the common family movable fund which is not a sale consideration or consideration for transfer of any immovable property. Therefore, the refusal to register the partition deed by the first respondent is not sustainable in law. Challenging the same, the present writ petition is filed.

¶3The learned Additional Government Pleader appearing for the respondents submitted that in the event if the petitioner presents the partition deed, the same will be received, processed and thereafter registered if it is in accordance with law.

¶4Heard the learned counsel on either side and perused the materials available on record.

¶5Considering the submissions of the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and also the fact that the partition is arrived at amongst the family members of the petitioner, of whom, two members are foreign nationals and Page4 of 6 they have relinquished their rights over the ancestral properties, however, they received only Rs.15,000/- each from the common family fund which they are entitled to. Further, there is no statutory bar under the Indian Law or the Indian Succession Act preventing foreign nationals from inheriting or receiving their legal share in ancestral immovable and movable properties in India to the extent of his/her entitlement of share of properties. In such view of the matter, the impugned Refusal Check Slip dated 29.06.2026 refusing to register the partition deed citing the reason that the two members of the family of the petitioner are foreign nationals and they have to get permission from the Reserve Bank of India, is liable to be quashed.

¶6In the light of the above discussion, the Writ Petition is allowed. The impugned Refusal Check Slip dated 29.06.2026 issued by the first respondent is quashed. The petitioner is directed to re-present the partition deed dated 25.06.2026 before the first respondent forthwith. Upon presentation of such document, the first respondent is directed to register the same within a period of one week thereafter. No costs. 07-08-2026 Index: Yes/No Speaking/Non-speaking order SRM Page5 of 6 To

¶1The Sub Registrar Sendamangalam, Namakkal District.

¶2The Inspector General of Registration Santhome Chennai-28

¶3The Secretary Commercial Taxes and Registration Department Fort St. George Chennai-9 WPoNo.o31165oofo2026 KRISHNANoRAMASAMY,oJ. SRM W.P.oNo.o31165oofo2026 07-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Amaravathi ..Petitioner Vs 1. The Sub Registrar Sendamangalam, Namakkal District. 2. The Inspector General of Registration Santhome Chennai-28 3. The Secretary Commercial Taxes and Registration Department Fort St. George Chennai-9 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records relating to the impugned Refusal Check Slip No.RFL/Sendamangalam/Book-II/3 dated 29.06.2026 issued by the first respondent and quash the same as illegal, arbitrary, unconstitutional, and passed with patent non-application of mind and consequently direct the first respondent to receive, register, and release the Partition Deed presented by the petitioner without insisting on RBI Permission or any other clearance. For Petitioner : Ms.S.Thankira Page2 of 6 For Respondents : Ms.Anu Ganesan Additional Government Pleader