M.Ramkumar v. The District Registrar (Administration)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.Nos.14778 & 14780 of 2024 M.Ramkumar .. Petitioner
Versus
1.The District Registrar (Administration) Dharmapuri 2.The Sub Registrar Pappireddipatti Dharmapuri District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings dated 24.04.2024 in Na.Ka.No.152 of 2024, Na.Ka. No.153 of 2024 and Na.Ka.No.154 of 2024 respectively, quash the same consequently direct the respondents to release the pending documents P12,P13, P14 after completion of registration proceedings. For Petitioner : Mr.S.N.Subramani For Respondents : Mr.L.S.M.Hasan Fizal for R1 & R2 Additional Government Pleader 1/6
ORDER
Challenging the notice issued for enquiry under Rule 69 of the Registration Rules.
2. It is the case of the writ petitioner that he presented a unregistered will executed by her grand mother. However, the same was not registered. Thereafter, he has filed a writ petition before this Court. Only in pursuant to the directions of this Court, now the document is kept pending and notice has been issued for enquiry.
3. The learned Additional Government Pleader would submit that any wills sought to be registered after the death of the testator, an enquiry under Rule 69 of the Registration Rules is mandatory. Only to comply the provisions of the law, a notice has been issued. He also submitted that the notice is issued only to the petitioner to comply the provision and the petitioner may be directed to appear before the second respondent and on enquiry, the document will be released as per law.
4. Heard both sides and perused the materials available on record. 2/6
5. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
6. No doubt, unregistered will of the testator can be registered after the death of the testator, such document can be presented either by the executor or by any person, even including the beneficiaries. But, at the same time, before registration minimum enquiry is contemplated as per rules so that all the persons interested will be put into notice about the alleged will.
7. It is relevant to extract Rule 69 of the Registration Rules. "69. When a will or an authority to adopt is presented for registration after the death of the testator or the donor, the registering officer shall fix a day for the enquiry contemplated by section 41 (2) of the Act and shall cause notice of the enquiry (a) to be served on the persons to whom in his opinion special notice should be given (b) to be posted in a conspicuous part of the registration office and (c) to be published (i) in the Gazette of the district in testator or donor lived, (ii) in the Gazette of the district in which the property of the deceased is situated and (iii) in the villages where the testator or donor lived, where interested 3/6
parties may reside and where the property of the deceased is situated. The cost of the service of the notice and of its publication shall be levied in advances from the person who presents the document for registration."
8. Such view of the matter, the petitioner shall appear before the second respondent, on enquiry, the Sub-Registrar/second respondent is directed to pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this Order.
9. In view of the above, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 20.06.2024 dhk Internet : Yes/No Index :Yes/No : Yes/No 4/6
To 1.The District Registrar (Administration) Dharmapuri 2.The Sub Registrar Pappireddipatti Dharmapuri District 5/6
N. SATHISH KUMAR , J.
dhk W.P.No.13626 of 2024 20.06.2024 6/6