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Exemption is also given to such documents if prepared and executed in other States of India or in a foreign country. Testamentary documents, however, could be prepared by the testator or by any person authorised by him. Mr. Sen commented that Rule 7 of 1982 Rules was contrary to the prohibitions contained in Rules 4 and 6 of the 1982 Rules. Any person including a lawyers' clerk could prepare conveyances and other non-testamentary documents to be executed by or on behalf of or in favour of Government of India, State Government, local authorities and other bodies corporate and institutions as notified in the Gazette and he could also prepare such documents in other States of India or in any foreign country, for example, Bangladesh or Nepal. Further there is no prohibition in the matter of testamentary documents although such documents have no less importance than non-testamentary documents.

25. It is true that a testamentary document is also an important document and may also be registered, its registration being optional. But non-testamentary instruments as specified in Section 17 of the Central Act are documents which are compulsorily registrable and such documents do not become effective unless they are registered but that is not the case with regard to testamentary instruments. Testamentary instruments enjoy a special privilege under the Succession Act. Military personnel belonging to army, navy and air force may make even oral Wills, while a layman may make a testamentary instrument although in writing by himself without the assistance of a lawyer or a deed writer or any other person and if so desired, the testator could have the same registered.

26. The restrictions with regard, to non-testamentary documents and relaxation with regard to documents executed by or on behalf of or in favour of Governments, local authorities and other bodies corporate or institutions specified by the Government by, Notification in the Gazette is a special privilege given to such authorities and there is no cause for any grievance by the petitioners in respect thereto.

27. As already stated testamentary documents enjoy a special privilege under the Succession Act. Thus relaxation of the rigours with regard to non-testamentary instruments could not be challenged. The Deed writers who have taken up the profession of deed writers as their means of livelihood should have some protection from depredation of their said source of livelihood by persons who have taken up some other profession as their means of livelihood. This is quite reasonable. Thus Rule 7 of the 1982 Rules is, in my opinion, beyond reproach. In this context it may be noted that Rule 129 of the 1962 Rules prohibited unlicenced deed writers doing any act which was likely to defeat the provisions of any rule made under old Section 80G introduced by the 1942 Act.

29. Under Rules 6, 10, 20 and 21 of the 1982 Rules the licence of a deed writer may not be renewed or be cancelled or suspended if he becomes engaged in any other gainful occupation or employment. Thus there is no discrimination between the licensed deed writers and the licensed lawyers' clerks.

30. The notice contemplated under Explanation 1 of Section 3 of the Transfer of Property Act by registration of a document relates to transactions with regard to immovable property which is required by law to be and has been effected by a registered instrument and that also for a person acquiring such property or any part or share or interest in such property. It is not a notice in rem. Testamentary documents do not come within the purview of the notice as contemplated by the said section.