Madras High Court
WP(MD)/29200/2026 of Basheer Ahmed Vs The District Registrar on 9 October 2026
WP(MD) No. 29200 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 29200 of 2026
CNR:{HCMD011449532026}
AND
WMP(MD) No. 22174 of 2026
CNR:{HCMD011449542026}
Basheer Ahmed
..Petitioner(s)
Vs
1. The District Registrar,
Palayamkottai Registration District,
Tirunelveli District, Tirunelveli.
2. The Sub Registrar,
Melapalayam Sub Registration Office,
Melapalayam, Tirunelveli District.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Check Slip bearing No.RFL/Melapapalayam/309/2026 dated 09.09.2026 issued 2nd respondent and quash the same and consequently direct the 2nd Respondent to register the Settlement Deed dated 08.09.2026 presented by the Petitioner in respect of the property comprised in Survey No.291/1 (T.S.No.550/1, presently T.S.No.202/1, T.S.Ward AV, Block 54), Kulavanigarpuram Village, Melapalayam, Palayamkottai Taluk, Tirunelveli District, to the extent of 25.5 cents.
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WP(MD) No. 29200 of 2026
For Petitioner
:Mr.R.Maheswaran
For Respondents
:Mr.S.Venkatesh
Additional Government Pleader
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ORDER
The present Writ Petition has been filed in the nature of a Writ of Certiorarified Mandamus challenging the impugned refusal check slip dated 09.09.2026 issued by the second respondent and to direct the second respondent to register the settlement deed dated 08.09.2026 presented by the petitioner.
2. Heard Mr.R.Maheswaran, learned Counsel for the petitioner and Mr.S.Venkatesh, learned Additional Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. It is the case of the petitioner that he is the absolute owner and in possession and enjoyment of the subject property. He inherited the property by way of hiba. Subsequently, the petitioner has executed a settlement in favour of his wife, out of love and affection. However, the respondent authority has refused to register the said settlement deed on the ground that the gift deed executed through hiba is unregistered one. __________
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WP(MD) No. 29200 of 2026
4. It is a well established law that the provisions of the Transfer of Property Act under Sections 122 to 129 of Chapter VII shall not be applicable to Muhammadan Law. The provisions under Section 123 makes it clear that a deed of gift executed by a donor in favour of donnee shall be compulsorily registered, but Section 123 shall not apply if the parties to the transaction of a gift are Muslims. In this connection, it is useful to refer the judgment of the Hon’ble Supreme Court in the case of Hafeeza Bibi and others Vs. Shaikh Farid (Dead) by LRs and others reported in 2001 (5) SCC 654, wherein, the Hon’ble Supreme Court has held as follows: "29. In our opinion, merely because the gift is reduced to writing by a Mohammadan instead of it having been made orally, such writing does not become a formal document or instrument of gift. When a gift could be made by Mohammadan orally, its nature and character is not changed because of it having been made by a written document. What is important for a valid gift under Mohammadan Law is that three essential requisites must be fulfilled. The form is immaterial. If all the three essential requisites are satisfied constituting valid gift, the transaction of gift would not be rendered invalid because it has been written on a plain piece of paper. The distinction that if a written deed of gift recites the factum of prior gift then such deed is not required to be registered but when the writing is contemporaneous with the making of the gift, it must be registered, is inappropriate and does not seem to us to be in conformity with the rule of gifts in Mohammadan Law". __________
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WP(MD) No. 29200 of 2026
5. In such view of the matter, the Writ Petition is allowed and the impugned check slip dated 09.09.2026 passed by the second respondent is hereby set aside. The petitioner is directed to re-present the settlement deed, dated 08.09.2026 before the second respondent for registration. On receipt of the same, the second respondent is directed to register and release the same forthwith, if it is otherwise in order. There shall be no order as to costs. There shall be no order as to costs. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr __________
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WP(MD) No. 29200 of 2026 To
1. The District Registrar Palayamkottai Registration District Tirunelveli District, Tirunelveli.
2. The Sub Registrar Melapalayam Sub Registration Office Melapalayam Tirunelveli District. __________
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WP(MD) No. 29200 of 2026 K.KUMARESH BABU, J. cmr WP(MD) No. 29200 of 2026 09-10-2026 __________
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