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Smt. Nirmla Devi vs . State & Another on 18 July, 2008

The Will was also registered. Though registration of Will is not necessary and mere registration is not proof of due execution of the Will as per 5 decision of Madhya Pradesh High Court in case Bherulal vs. Ramkunwarbai 1994 (2) Civil Court Cases 97 but if it is registered and otherwise appears to be genuine, then it further fortifies the legality and validity of the same. Endorsement of the Sub Registrar in the form of stamp on the back side of the Will with his signatures that contents of document were explained to the parties and they admitted its correctness draws a presumption of due execution of the same also. Further endorsement of Sub Registrar regarding putting of thumb impression and signatures by the parties on the Will in his presence also draws a presumption of due and proper execution. Hence registration of the Will in the present circumstances of the case also goes in favour of the petitioner.
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