Kerala High Court
Jack Mathew Kurian vs The Sub Registrar on 14 February, 1013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 28TH DAY OF SEPTEMBER 2017/6TH ASWINA, 1939
WP(C).No. 31115 of 2017 (L)
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PETITIONER:
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JACK MATHEW KURIAN,
S/O.CHEKKAYIL MATHEW KURIAN, AGED 53 YEARS,
202,AMRUT VANI, 15TH ROAD, CHEMBUR P.O.,
MUMBAI-400071.
BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL
RESPONDENT:
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THE SUB REGISTRAR,
REGISTRAR OFFICE, THRIKKAKARA P.O., PIN-682030,
ERNAKULAM DISTRICT.
BY GOVERNMENT PLEADER SMT K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 31115 of 2017 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1347/1998.
EXHIBIT P2 TRUE COPY OF THE WILL DATED 14-2-1013.
EXHIBIT P3 TRUE COPY OF THE NOMINATION LETTER ISSUED BY THE
FATHER TO PETITIONER.
EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE
PETITIONER.
EXHIBIT P6 TRUE COPY OF THE SALE DEED EXECUTED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE FLIGHT TICKET OF THE PETITIONER.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
K.VINOD CHANDRAN, J
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W.P.(C).No. 31115 of 2017 L
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Dated this the 28th day of September, 2017
J U D G M E N T
The petitioner is before this Court, since the Sub Registrar is said to have refused to register the document at Ext.P6. It is the submission of the learned Counsel for the petitioner that the Registrar was unwilling to carry out registration since, the Will executed by the father of the petitioner was unregistered. The petitioner is the only son and the other legal heirs are the vendors 2 to 4 were his sisters. The other vendors have executed power of attorney in favour of the petitioner. The deed was executed and when it was presented for registration, it was declined.
2. A Will is not a compulsorily registerable WP(C).31115/2017 2 document as per the Registration Act, 1908. The enquiry contemplated by the Registrar under the Registration Act, is under Section 34 which is confined to sub-section (3). There can be no enquiry as to the legal heirs nor can there be an enquiry as to whether the only legal heirs of the deceased were the persons who had executed the documents. If the purchaser is ready to take the risk, it is not for the Registrar to enquire as to whether the conveyance is proper or not. In the present case, the petitioner has produced the Powers-of-Attorney of his sisters two of whom are settled abroad, and one in Bangalore. On verification of the Powers-of-Attorney of the sisters as also on verification of the Death Certificate and the Will, the Sub Registrar ought to have registered the document. The petitioner shall produce the original of the Will and the Birth certificate and the Powers-of-Attorney. The Registrar shall WP(C).31115/2017 3 register the document on payment of applicable fees, within the statutory period and return the documents produced.
Writ petition would stand allowed. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma //true copy//
P.A to Judge