Settlement Deed Based on an Unregistered Will: Madras High Court Upholds Limited Enquiry
Court category: High Court
Court / details: Madras High Court, Principal Seat
Location: Vallam, Villupuram
The Division Bench upheld a limited enquiry after the Sub Registrar issued a refusal slip for a settlement deed relying on an unregistered will.
The Division Bench upheld a limited enquiry after the Sub Registrar issued a refusal slip for a settlement deed relying on an unregistered will.
Case reference — Mahalakshmi v. Inspector General of Registration and others, W.A. No. 3074 of 2026, 2026:MHC:4215, 5 October 2026, Justices S.M. Subramaniam and R. Rajesh Vivekananthan
What was presented
The appellant sought registration of a settlement deed based on an unregistered will. A Single Judge directed the registering authority to notify the testator’s Class I heirs and conduct a limited enquiry before deciding whether to register the deed or issue a reasoned refusal.
What the Division Bench decided
The appeal was dismissed. The enquiry directed in this case was confined to whether the will had been revoked and whether a competent civil court had restrained reliance on it. The Bench explained that registration authorities cannot decide title or civil rights between parties.
What the order means for a pending deed
The decision preserves the distinction between examining a deed for registration and deciding inheritance rights. The appellant was given liberty to pursue the statutory remedy.
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