V. GANESHAN Vs. DISTRICT REGISTRAR, DISTRICT REGISTRAR OFFICE, DISTRICT COLLECTOR OFFICE, DINDIGUL, DINDIGUL DISTRICT

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition to quash the impugned refusal check slip issued by the second respondent dated 24.09.2019 and to direct the second respondent to register the settlement deed presented before the second respondent office dated 23.09.2019.

(2.) According to the petitioner, the properties situated at Jambuthripatti Village, Nilakottai Taluk, Dindigul District in S.Nos. 180/6, 180/7, 180/8, 183/3C2, 183/3D, 183/3E, 183/3F, totally measuring about 3 Acres 62 ½ Cents, are ancestral and joined family properties. While so, on 13.03.2002, through registered partition deed, the properties were partitioned among the family members of the petitioner. After execution of the partition deed, his father had filed a suit in O.S.No.461 of 2013 before the Principal Sub Court, Dindigul for a declaration to declare the above said partition deed dated 13.03.2002 as null and void. The same was dismissed on 25.07.2016. In the meantime, his father expired on 13.03.2019 and his mother also died. After their death, the petitioner and his younger brother are entitled for equal half share. Therefore, enclosing all the relevant documents and the decree in O.S.No.461 of 2013, the petitioner has presented a settlement deed dated 23.09.2019 before the second respondent to settle the properties in the name of his wife, namely, Valarmathi, where the second respondent has refused to register the same and issued the impugned refusal check slip dated 24.09.2019, on the ground that as per the Registration Act, 1908, the decree has to be registered within four months, hence, returned for barred by limitation. Challenging the same, the present Writ Petition has been filed seeking aforesaid relief.

(3.) A perusal of the impugned order dated 24.09.2019 would disclose that the second respondent has refused to register the document on the ground that the request is time barred and in view of the law limitation, the document cannot be registered. For the sake of convenience, Sections 23 and 25 of the Registration Act, 1908, are extracted hereunder:-