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Shylaja T

High Court Of Kerala|23 October, 2014
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JUDGMENT / ORDER

The petitioner presented an instrument for registration. The petitioner traced out his title based on unregistered 'Will'. The Sub Registrar refused to register the 'Will' on account of the fact that the petitioner has failed to establish the title of the property. In law, there is no necessity to have 'Will' compulsorily registered. Therefore, the vendor of such document can only execute the right based on the 'Will' which enured to him, if the 'Will' is legally valid. The validity of the 'Will' cannot be decided during registration of a document. Subject to any decision against the validity of the 'Will' in appropriate proceedings, the instrument presented shall be registered in accordance with law on being satisfied with the other conditions for registration.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln
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Title

Shylaja T

Court

High Court Of Kerala

JudgmentDate
23 October, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • C P Peethambaran Smt Mini