N.Prabhakaran v. The Sub Registrar

ORDER The petitioner has challenged the impugned Refusal Check Slip dated 07.10.2025, whereby the first respondent declined to register the settlement deed dated 07.10.2025 executed by the petitioner in favour of his wife. The relevant portion of the impugned Refusal Check Slip reads as follows:- ''jpz;Lf;fy; gjpT khtl;lk; tj;jyf;Fz;L rhHgjptfk; tj;jyf;Fz;L lTd; Gy vz;. 4128/10/A1A1A-f;f fl;Lg;gl;l 4697 rJubapy; tj;jyf;Fz;L rhu;gjptfk; njw;F kw;Wk; fpof;F ghu;j;j 2020 rJubapy; fl;Lg;gl;l epyk; kw;Wk; tPL

jpU.gpughfud;

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vOjpf;

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ghjpghfj;jpid jhdnrl;by;nkz;l;

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08.10.2020-y; tpy;yq;fr;rhd;wpy; cupik xg;gilg;G Fwpj;j tpy;yq;fk; epYitapy; ,Ue;jhy; rk;ke;jg;gl;l tq;fpaplkpUe;J jilapd;ik rhd;W

(NOC)

ngw;W

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nra;a mwpTWj;jg;gl;Ls;sJ. vdNt Nkw;gb tq;fpapy; cupik xg;gilg;G Mtzk; epYitapy; cs;sjhy;

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,Ue;J jilapy;yhr;rhd;W ngw;W kPs rku;gpf;FkhW jhf;fy; nra;jtuplk; mwpTWj;jg;gl;L Mtzk; gjpT nra;ahky; jhf;fy; nra;jtuplk; jpUk;g toq;fg;gl;lJ.''

¶2The requirement of producing the original document was introduced by the insertion of Section 34C into the Registration Act, 1908, by virtue of the Tamil Nadu Act 1 of 2026, with effect from

23.01.2026. The said provision reads as under:- ''34-C. Production of Original documents.— Notwithstanding anything contained in any other law for the time being in force, the registering officer before whom a document relating to immovable property is presented for registration shall not register the same, unless the executant produces the previous original document by which the right over the subject property was acquired by him along with the Encumbrance Certificate pertaining to the subject property obtained within ten days before the date of presentation: Provided that where an encumbrance as to subsisting mortgage, exists over the property, the registering officer shall not register such document unless a No Objection Certificate is obtained from Page No. 3 of 7 the mortgagee: Provided further that where an agreement for sale has been executed in respect of the subject property and it has not been performed, the registering authority shall not register such document unless the period of limitation for filing a suit for specific performance of the above agreement has lapsed: Provided also that where the subject property is ancestral one and the previous original document is not available, the registering officer shall not register such document, unless the patta issued by the Revenue Department in respect of that property is produced: Provided also that if the previous original document is lost, the registering officer shall not register such document unless non-traceable Certificate issued by the Police department along with the advertisement published in the local Newspaper giving the notice of loss of the previous original document are produced: Provided also that production of the previous original document shall not be necessary for a document in which the Government or a statutory body is the executant or for such classes of documents as may be notified by the State Government, from time to time.''

¶3The said provision has recently been declared ultra vires by a Division Bench of this Court comprising Hon'ble Mr.Justice N.Satish Kumar and Hon'ble Mr.Justice M.Jothiraman in M/s.Dugars v. The State of Tamil Nadu and Others [W.P.(MD) No.7415 of 2026 etc. batch, dated

23.06.2026]. Page No. 4 of 7

¶4The learned counsel for the petitioner submitted that Section 34C of the Registration Act, 1908, was introduced into the statute book only with effect from 23.01.2026, much after the execution of the settlement deed dated 07.10.2025. Therefore, the said provision could not have been invoked to refuse registration of the document.

¶5The materials available on record reveal that the petitioner has settled only his share in the lands comprised in Survey Nos.1329/26 and 1329/27, which were originally purchased by the petitioner's mother, and in Survey No.1329/28, measuring an extent of 2,343 square feet, which was purchased by the petitioner's father. It also appears that the property had been mortgaged by the petitioner's father / the father of the third respondent, and the third respondent's late husband, Thagapandian. Insofar as the mortgage of the undivided share in the property and the rights flowing therefrom in favour of the mortgagee are concerned, the same shall remain unaffected by the settlement deed, since what has been conveyed under the settlement deed dated 07.10.2025 is only the petitioner's built-up area together with his 50% undivided share in the aforesaid lands. Page No. 5 of 7

¶6In view of the above, this Court is of the considered opinion that the writ petition deserves to be allowed. Accordingly, the impugned refusal check slip dated 07.10.2025 is set aside. The first respondent is directed to register the settlement deed dated 07.10.2025, if it is otherwise in order and if there is no other legal impediment to its registration.

¶7The writ petition stands allowed with the above direction. There shall be no order as to costs. NCC : Yes / No

30.06.2026 smn2

To The Sub Registrar, Batlagundu, Dindigul District. Page No. 6 of 7 C.SARAVANAN

, J.

smn2

30.06.2026 Page No. 7 of 7

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.29554 of 2025 N.Prabhakaran ... Petitioner Vs. 1.The Sub Registrar, Batlagundu, Dindigul District. 2.The Authorized Officer, Visu Leasing and Finance Private Limited, 1st Floor, OMS Court No.1, Nathamuni Street, T.Nagar, Chennai-600 017. 3.Priya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certioarified Mandamus, calling for the records relating to the impugned Refusal Check Slip of the first respondent in RFL/Batlagundu/176/2025 dated 07.10.2025 and quash the same and consequently, direct the first respondent to register the Settlement Deed dated 07.10.2025 executed by the petitioner in favour of his wife Priyanka without insisting production of no objection from the mortgagee, within the time fixed by this Court. For Petitioner : Mr.B.Azhagesh For R1 : Mr.R.Parthiban Government Standing Counsel Page No. 1 of 7 For R3 : Mr.N.Pragalathan