Madras High Court
P.Bhaskaran vs The Saidapet Joint-2 Sub Registrar on 16 October, 2025
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
WP No.22296 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2025
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 22296 of 2025
P.Bhaskaran,
S/o.P.M.Seetharaman @ M.D.A.Anandar,
No.10, Raja Street, Dr.Seethapathy Nagar,
Velachery, Chennai-042.
Petitioner(s)
Vs
The Saidapet Joint-2 Sub Registrar,
Joint- 2 Saidapet Sub Registrar Office,
Registration District of South - Chennai,
Saidapet @ Nandanam, Chennai-035.
Respondent(s)
PRAYER:-Writ Petition filed under Article 226 of the Constitution of India,
praying for an issuance of Writ of Mandamus, directing the respondent herein to
register the Rectification Deed dated 12.06.2025, without insisting for General
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WP No.22296 of 2025
Power of Attorney Deed with property description and without demanding any
additional stamp duty for the said Rectification Deed and Consequentially
release the said Rectification Deed to the petitioner after registration.
For Petitioner(s): Mr.M.Mubarak Ahamad
for M/s.Ahmad Associates
For Respondent(s): Mr. U. Baranidharan,
Special Government Pleader
ORDER
This writ petition has been filed by the petitioner seeking to direct the respondent herein to register the Rectification Deed dated 12.06.2025, without insisting for General Power of Attorney Deed with property description and without demanding any additional stamp duty for the said Rectification Deed and consequentially to release the said Rectification Deed to the petitioner after registration.
2.Learned counsel of the petitioner would submit that in the present case, the partition deed has been executed between three brothers and the legal heirs https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 02:49:59 pm ) WP No.22296 of 2025 of the deceased brother and deceased sister on 20.03.2017. Subsequently, out of three brothers who are the parties to the partition deed dated 20.03.2017, two brothers passed away. Thereafter, the petitioner along with the legal heirs of the deceased persons applied for patta before the Tahsildar, Mambalam Taluk, Chennai on 21.03.2025. The Tahsildar, after conducting inspection vide letter dated 25.03.2025 informed that the Block number and Town survey numbers are wrongly mentioned in the partition deed dated 20.03.2017 and directed the to rectify the same. Therefore, the petitioner along with the legal heirs of the dead persons through their Power of Attorney presented the rectification deed to rectify the wrongly mentioned Block number and Town Survey number mentioned in the partition deed dated 20.03.2017. However, the respondent rejected the rectification deed citing the reason that the General Power of Attorney given by the legal heirs are not citing the details of the immovable property that they are entitled.
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3.He would further submit that the Power of Attorney was executed within the family members and given for the purpose of rectification in the partition deed dated 20.03.2017 and there is no transfer or sale or gift or settlement or any other transfer or alienation on the basis of the said Power of Attorney and therefore, the description of property is not required. Hence, he prayed to direct the respondent to register the rectification deed dated 12.06.2025.
4.Learned Special Government Pleader appearing for the respondent would submit that since no boundaries of the property is mentioned in the General Power of Attorney, the respondent refused to register the rectification deed dated 12.06.2025.
5.Upon hearing the submissions made by either parties and a perusal of documents, particularly the General Power of Attorney, it is seen that the power https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 02:49:59 pm ) WP No.22296 of 2025 was given by the Principal to the agent to deal with all their movable and immovable property situated in India, including the registering of rectification deed. When the power was given by the Principal to the agent to deal with all their properties situated in India and certainly in the present case, the subject properties of the rectification deed falls within India, the respondent citing the reason that the General Power of Attorney did not contain the description of properties as per Section 21 of the Registration Act and thereby, rejecting the rectification deed 12.06.2025 is not sustainable. Further, in the present case, though the Power of Attorney executed in the State of Andra Pradesh, the power has been given to the agent to do all acts with regard to the immovable property situated in India, there is no dispute on the said aspect.
6.Thus, this Court finds force in the submissions of the learned counsel for the petitioner and the respondent is directed to register the rectification deed within the period of 48 hours from the date of receipt of a copy of this order and thereafter, release the same forthwith.
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7.With the above direction, this writ petition is disposed of. No costs. Post the matter “For Reporting Compliance” on 28.10.2025.
16-10-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Note: Issue Order Copy on 23.10.2025 To The Saidapet Joint-2, Sub Registrar, Joint- 2 Saidapet Sub Registrar Office, Registration District Of South-
Chennai, Saidapet @ Nandanam, Chennai-035.
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rst WP No. 22296 of 2025 16-10-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/10/2025 02:49:59 pm )