A.KIRUBANITHI Vs. THIRUKOVILUR SUB REGISTRAR OFFICE

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent pertaining to his order vide proceedings in Check Slip No.RFL/Thirukovilur/88/2021 dtd. 23/7/2021 and quash the same and consequently, direct the respondent herein to receive the Mortgage deed dtd. 23/7/2021 executed by the petitioner, register and return the document to the petitioner.

(2.) The brief facts of the case is that the petitioner is the absolute owner of the plot measuring an extent of 2400 sq.ft., with house bearing No.35 of Sri Karthikeyan Nagar Extension, comprised in Survey No.732/8C of Thirukovilur (South) village and in possession and enjoyment of the property and Patta No.3357 was issued in favour of the petitioner by subdividing S.No.732/8C1B and 732/8CID. The petitioner purchased the same in the year 2005 and executed a settlement deed dtd. 8/1/2007 registered as document No.78 of 2007 in favour of his mother, namely, Sudamani Ammal. Thereafter, his mother, executed a unregistered Will dtd. 21/1/2021 bequeathing the above property in favour of the petitioner after his life time and the petitioner's mother died on 19/5/2021, due to health problems. As per the Will executed by petitioner's mother, petitioner received the property, pursuant to the application made to the Tahsildar, Thirukovilur, Patta No.3357 was transferred in favour of the petitioner in New Survey Nos.731/8C1B and 731/8C1D.

(3.) According to the petitioner, due to urgent financial assistance, on account of his mother's treatment, the petitioner approached one Mr.Arulraj and borrowed a sum of Rs.50,000.00 for monthly interest by mortgaging the above property in his favour. Thereafter, a mortgage deed dtd. 23/7/2021 was executed in favour of Arulraj, however the respondent without registering the mortgage deed has passed the impugned check slip rejecting the mortgage document for registration stating that the property was received through an unregistered Will, and that the probate should be obtained from the court at the first instance.