The Madras High Court has clarified a long-standing ambiguity in property succession law by affirming that an unregistered Will is legally sufficient to enable registration of a subsequent settlement deed. This ruling reinforces the distinction between testamentary succession and documentary registration requirements under Indian law, offering critical guidance to practitioners handling inheritance-based property transfers.
Background & Facts
The Dispute
The petitioner, R. Venkatakrishnan, sought to register a settlement deed in favour of his wife, based on a Will executed by his sister’s husband, P.G. Krishnan, on 10.07.2024. The Will came into effect upon the testator’s death on 09.06.2025. The Sub-Registrar refused registration, citing the unregistered status of the Will as grounds for rejection.
Procedural History
- 31.10.2025: Petitioner presented the Settlement Deed for registration at the Joint II Sub-Registrar Office, Chengalpet
- Impugned Order: Registration refused on grounds that the underlying Will was unregistered
- 22.01.2026: Writ petition filed under Article 226 of the Constitution before the Madras High Court
Relief Sought
The petitioner sought quashing of the refusal order and a direction to the Sub-Registrar to register the Settlement Deed, arguing that the Indian Succession Act and Registration Act do not mandate registration of Wills.
The Legal Issue
The central question was whether the unregistered status of a Will renders a subsequent settlement deed ineligible for registration under the Registration Act, 1908, or whether the legal effect of a Will under the Indian Succession Act, 1925 is independent of its registration.
Arguments Presented
For the Petitioner
The petitioner’s counsel relied on Section 59 of the Indian Succession Act, 1925, which permits a testator to dispose of property by Will without requiring registration. He further cited Section 17 of the Registration Act, 1908, which does not list Wills among documents mandatorily registrable. He argued that the Sub-Registrar’s refusal conflated the validity of a Will with the formalities of registration, which are legally distinct.
For the Respondent
The Respondent, through the Government Advocate, contended that an unregistered Will lacked evidentiary weight and could not serve as a valid foundation for a settlement deed. The argument implied that registration was a necessary precondition for establishing title, even though no statutory provision supported this view.
The Court's Analysis
The Court examined the statutory framework governing Wills and registration. It emphasized that Section 59 of the Indian Succession Act, 1925 explicitly permits a Will to be executed without registration, and Section 18 of the Registration Act, 1908 confirms that registration of a Will is optional. The Court noted that the purpose of registration is evidentiary, not constitutive.
"The registration of a Will is not a condition precedent to its operation or to the vesting of title in the legatee. The refusal to register a settlement deed on the ground that the Will is unregistered is legally unsustainable."
The Court further held that the settlement deed was not a transfer of title by the testator, but a conveyance by the legatee who had already acquired title upon the testator’s death. The Sub-Registrar’s refusal, therefore, amounted to an unlawful imposition of a statutory requirement not found in law.
The Court rejected the notion that unregistered documents cannot serve as the basis for subsequent transactions, distinguishing between evidentiary value and legal validity.
The Verdict
The petitioner succeeded. The Court held that a Will need not be registered to confer title under the Indian Succession Act, 1925, and that registration of a settlement deed based on such a Will cannot be denied solely on account of the Will’s unregistered status. The impugned order was set aside, and the petitioner was granted two weeks to re-present the deed for registration.
What This Means For Similar Cases
Will Validity Is Independent of Registration
- Practitioners may now confidently rely on unregistered Wills to support settlement deeds, gift deeds, or partition agreements
- Sub-Registrars cannot demand registration of Wills as a precondition for registering subsequent instruments
- Title vests in the legatee upon testator’s death, regardless of whether the Will is registered
Settlement Deeds Are Not Subject to Will Registration Rules
- A settlement deed executed by a legatee is a separate transaction and does not inherit the registration requirements of the Will
- The Sub-Registrar’s role is limited to verifying compliance with Section 17 and Section 18 of the Registration Act - not to assess the validity of underlying testamentary documents
- Practitioners should ensure settlement deeds are properly stamped and contain clear recitals of the Will’s execution and the testator’s death
Procedural Clarity for Registrars
- Registrars must stop rejecting documents based on misconceptions about Will registration
- A copy of the Will, even if unregistered, is sufficient for recording the source of title
- If doubts arise regarding authenticity, the proper recourse is to initiate proceedings under Section 73 of the Evidence Act - not to refuse registration outright
