CHENNAI: The Madras High Court set aside an order of a single judge who had overturned the refusal of a sub-registrar to register a power of attorney document questioning the genuineness of a will based on which the document was presented for registration.
The matter pertains to an appeal filed by the Chengalpattu sub-registrar against the July 15, 2026, order of a single judge on the petition filed by A Nithiyanandam, who had presented the power of attorney document for registration.
The sub-registrar refused to register it under section 71 of the Registration Act, citing the reason that the will was not duly registered and any other persons who are part of the will might raise issues over the properties.
Challenging the refusal order, he filed a writ petition in the high court stating that registration of will was not compulsory under the Registration Act. The single judge quashed the refusal order and directed the sub-registrar to register the document. Subsequently, the sub-registrar filed the appeal against this order.
A division bench of justices SM Subramaniam and R Rajesh Vivekanandan set aside the single judge’s order and directed the respondent, Nithiyanandam, to approach the Appellate Authority with a plea against refusal of registration under section 72 of the Registration Act.