Miss Sagrika Dass v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/319/2025 Miss Sagrika Dass Vs.

The Andaman & Nicobar Administration & Others Mrs. G. Mini ... for the petitioner Ms. Babita Das ... for the respondents July 14, 2025 [AKB] Item No.10 1.

The writ petitioner has challenged the impugned order passed by Sub Registrar/ADM South Andaman dated 12.03.2025 wherein the Sub Registrar has rejected the request of the petitioner for registration of Will as an appellate authority and for refusal of registration of Will as 'incorrect Will'.

2.

The petitioner had submitted a Will before the Sub Registrar, South Andaman for registration on 17.01.2025 vide Token No. 202500000131. The application filed by the petitioner for registration of the Will was rejected by the Sub Registrar by informing to petitioner as 'incorrect Will'. 3.

Being aggrieved with the rejection for registration of Will, the petitioner has preferred an appeal to the Registrar on 03.02.2025. Though the petitioner had preferred an appeal before the appellate authority but the appeal is rejected by the Sub Registrar himself by the impugned order.

4.

Ms. Mini, learned advocate representing the petitioner submits that as per Registration Act it is the primary duty of Sub Registrar to verify its compliance with procedure and statutory requirements such as whether the document is properly executed, signed and attested as per law. She submits that the Sub Registrar does not have any authority to adjudicate or examine the legality or validity of the contents of the Will.

5.

Ms. Mini submits that being aggrieved with the order of rejection for registration of Will submitted by the petitioner, the petitioner had preferred an appeal before the appellate authority, but the appeal preferred by the petitioner was disposed of by Sub Registrar himself which is patent illegal. She submits that the Sub Registrar refused to register the Will submitted by the petitioner on the ground that 'incorrect Will' but has not assign any reason what is in correct in the Will. She submits that Will can be registered if the property mentioned in the Will is not in the name of the testator at the time of registration. She further submits that ownership is not a precondition for registration of a Will. She submits that Section 71 of the Indian Registration Act does not apply to Wills but the Sub Registrar has wrongly invoke the provision of Section 71 of the Registration Act and refused to register the Will. 6.

Ms. Babita Das, learned Government Pleader submits that in the Andaman and Nicobar Islands all the documents is registered through National Generic Document

Registration System. As per the format for registration of document Form F i.e. record of right of the land and sketch map of the land or deed document if any is to be uploaded while submitting form for registration but in the present case the petitioner has not disclosed the document i.e. Form F and the sketch map and accordingly it was not registered with the reason 'incorrect Will'. She submits that for registration of the documents the office of the Sub Registrar is having check list for registration of particular document. She submits that for registration of Will as per check list the following documents are required:

a. Form F b. Sketch Map c. Two witnesses and one identifier with Aadhar Card. d. Photo Copy of Aadhar Card and PAN Card of executants.

e. Two passport size photographs of the executants. f. Registration fee of Rs. 65/- should be made in demand draft in favour of Sub Registrar, South Andaman.

7.

Ms. Das submits that the petitioner has uploaded the document i.e. Will for registration but while verifying the same through the check list it was found that the petitioner has not disclosed Form F and Sketch Map and as such the same was informed to the petitioner through online as 'incorrect Will'.

8.

Ms. Das submits that the petitioner had preferred an appeal against the order of rejection for registration of Will to the Registrar but the petitioner had sent the said appeal to the Sub Registrar and thus the Sub Registrar has passed the impugned order.

9.

The petitioner has submitted the Will for registration on 17.01.2025 consisting of twelve pages along with the registration fee or Rs. 65/- through online. The Will submitted by the petitioner was not registered with the endorsement 'incorrect Will'. The Sub Registrar has not assigned any reason how the Will is incorrect. Without any reason, the Sub Registrar has refused to register the Will and thus the refusal is bad and illegal and the same is set aside.

10.

The petitioner had preferred and appeal before the Registrar against the refusal by the Sub Registrar for registration of the Will of the petitioner. But the appellate authority being the Registrar has not pass any order in an appeal preferred by the petitioner on the other hand the Sub Registrar himself has disposed of the appeal preferred by the petitioner by an order dated 12.03.2025 which is also without any jurisdiction as the Sub Registrar is not the appellate authority. Accordingly the impugned order dated 12.03.2025 is also set aside.

11.

This Court finds that the appeal preferred by the petitioner is still pending before the Registrar i.e. the appellate authority and the appellate has not disposed the

appeal preferred by the petitioner but this Court has already set aside the order for refusal of Will as 'incorrect Will' thus nothing remains in the appeal preferred by the petitioner before the Registrar. Thus the appeal filed before the appellate authority dated 03.02.2025 has become infructuous.

12.

The petitioner has not annexed the copy of Will and the document which was submitted before Sub Registrar for registration. There is no averment in the writ petition about what documents were enclosed with the Will for registration. 13.

The Sub Registrar is directed to registrar the Will submitted by the petitioner if it is otherwise in compliance with the Registration Act within in a period of two weeks from the date of receipt of this order.

14.

If the Sub Registrar finds any difficulty for registration of the said Will for noncompliance of any of the provision of the Registration Act, the Sub Registrar shall provide an opportunity of hearing to the petitioner and to pass reasoned and speaking order within two weeks thereafter. 15.

It is made clear that the Sub Registrar can refuse registration only on the grounds that are mentioned under the Act and the Rules, for such refusal. He must refer to the relevant provisions so that the petitioner can take steps to ensure compliance.

16.

WPA/319/2025 is disposed of.

( Krishna Rao, J. )