M. L. Abdul Jabhar Sahib vs H. V. Venkata Sastri & Sons & Ors on 4 February, 1969
The document in question was presented for registration by the beneficiaries, as required by law. The Registering Officer also took an affidavit from them regarding their identity and having been satisfied in that regard completed the registration. Section 35 (2) of the Registration Act, which was pressed into service, does not lay down any rule that in case of the death of an executor of a document the registering authority has to serve notice of the proposed registration of any document of any disposition of a property by the deceased executant. Mr. Ghose's reliance placed on the case of Abdul Aziz Khan v. Mt. Kaniz Fatima (AIR 1933 All 302) as well as para 10 of the case of M. L. Abdul Jabbar Sahib v. H. Venkata Sastri and Sons (AIR 1969 SC 1147), is entirely misplaced and does not support his contention,