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High Court of KeralaWP(C)/35695/2015disposed of

O.K.Pavithran v. Sub Registrar

2015-12-17Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 35695 of 2015 (J) ---------------------------- PETITIONER :

---------------------- O.K.PAVITHRAN, AGED 57 YEARS S/O. LATE O.K.GOPALAN, 'GANGODRI', NEAR S.S. TEMPLE PAYYANUR, P.O.PAYYANUR, TALIPARAMBA TALUK KANNUR DISTRICT-670 307.

BY ADV. SRI.M.V.AMARESAN RESPONDENT(S) :

----------------------------

1. SUB REGISTRAR SUB REGISTRAR'S OFFICE, PAYYANUR, P.O. PAYYANUR KANNUR DISTRICT-670 307.

2. DISTRICT REGISTRAR KANNUR AT THALASSERY, PIN-670 141.

R1 & R2 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 35695 of 2015 (J) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

COPY OF WILL DTD.27.4.2013 EXECUTED BY PETITIONER. EXT. P2 :

COPY OF LATEST BASIC TAX RECEIPTS FOR THE YEAR 2015-2016 DTD.20.11.2015.

EXT. P3 :

COPY OF REQUEST DTD.20.11.2015 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 35695 of 2015 ================== Dated this the 17th day of December, 2015

J U D G M E N T

The petitioner had approached the Sub Registrar, Payyannur for registering a will executed in his favour in terms of Sec.40 of the Registration Act. The petitioner submits that will can be registered in terms of Sec. 40 r/w Rule 84 of the Registration Rules.

Sec.40 of the Registration Act provides as follows: "Section-40. (1) Persons entitled to present Wills and authorities to adopt - (1) The testator, or after his death, any person claiming as executor or otherwise under a Will, may present it to any Registrar or Sub-Registrar for registration.

The way in which a Will is to be registered, after the death of testator, is provided under Part-XIII ( c ) of Registration of Rules (Kerala). Rule 85 deals with manner in which a Will is to be registered after the death."

2.

The petitioner also refers to judgment of the Hon'ble Allahabad High Court (Lucknow Bench) reported in AIR 2010 Allahabad 165, Krishna Kumar & Ors. v. Court of District Registrar / A.D.M (F&R), Raebareli & Ors. In the light of Sec. 40(1) r/w Rule 84 Registration Rules (Rules) and also in the

W.P.(C).No. 35695 of 2015 - : 2 :- light of the above judgment, the Sub Registrar shall consider the request of the petitioner for registration within three weeks from the date of receipt of the copy of this judgment. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE