S.Kokila v. The District Collectore

O R D E R This petition has been filed seeking to direct the respondents to accept the petitioner's online application vide application No.2026/0103/24/028308 dated 12.06.2026 with all relevant documents to transfer the name of the patta bearing No.164 to the petitioner's name for the property in new survey No.180/5, (Old Survey No.232/5) situated at Siruvalai Village, Madurai North Taluk, Madurai District in turn with the section 63 of Indian succession act and section 18(e) of the registration act 1908 within the time limit framed by this Court.

¶2The learned counsel for the petitioner submitted that the petitioner claims title over the property comprised in Survey No.180/5 (Old Survey No. 232/5). The said property originally belonged to the petitioner's father, namely, Sethuraman. During his lifetime, the petitioner's father executed a Will dated

09.07.2021 bequeathing the said property in favour of the petitioner. Thereafter, he died on 03.11.2024, consequent to which the Will came into effect. Thereafter, the petitioner approached the respondent authorities seeking transfer of patta in his name based on the said Will. However, the respondents orally informed the petitioner that since the Will is an unregistered one, the same could not be acted upon for effecting mutation of revenue records and advised the petitioner to get the Will registered. The petitioner submits that such a stand taken by the respondents is contrary to law, as registration of a Will is not mandatory and an unregistered Will is also legally valid, provided it is otherwise genuine and duly proved in accordance with law.

¶3Heard the learned counsel appearing for the State/respondents.

¶4It is a settled proposition of law that registration of a Will is not mandatory. Therefore, the respondents cannot insist upon the registration of the Will. Further, after the demise of the petitioner's father, the Will cannot be registered. Accordingly, the respondents are directed to consider the petitioner's online application in light of the above observations. The respondents shall also take into consideration the unregistered Will and effect the transfer of patta in the petitioner's name. If any objection is raised, it is open to either the petitioner or the objector to approach the competent Civil Court for appropriate relief. The aforesaid exercise shall be completed by the respondents within a period of twelve (12) weeks from the date of receipt of a copy of this order.

¶5With the above directions, this Writ Petition is disposed of. No costs.

24.06.2026 Index : Yes / No

Internet : Yes NCC : Yes / No

msrm To

¶1The District Collector, O/o. District Collector, Madurai District.

¶2The District Revenue Officer, Madurai District, Madurai.

¶3The Revenue Divisional Officer, Madurai District, Madurai.

¶4The Tahsildar, Madurai North Taluk, Madurai District.

¶5The Zonal Deputy Tahsildar, Madurai North Taluk, Madurai District. S.SRIMATHY, J msrm W.P.(MD)No.17584 of 2026

24.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2026 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.17584 of 2026 S.Kokila ... Petitioner Vs. 1. The District Collector, O/o. District Collector, Madurai District. 2. The District Revenue Officer, Madurai District, Madurai. 3. The Revenue Divisional Officer, Madurai District, Madurai. 4. The Tahsildar, Madurai North Taluk, Madurai District. 5. The Zonal Deputy Tahsildar, Madurai North Taluk, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to accept the petitioner's online application vide application No.2026/0103/24/028308 dated 12.06.2026 with all relevant documents to transfer the name of the patta bearing No.164 to the petitioner's name for the property in new survey No.180/5, (Old Survey No.232/5) situated at Siruvalai Village, Madurai North Taluk, Madurai District in turn with the section 63 of Indian succession act and section 18(e) of the registration act 1908 within the time limit framed by this Court. For Petitioner : Mr.R.Vignesh For Respondents : Mr.S.Siva Thilakar Counsel for the State of Tamil Nadu