VEENA SURI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) VIDE communication dated 29.8.2013, the Sub-Registrar (V) referring to an application moved by Shri Ramesh Chander Luther, Shri Raj Kumar Luther, Shri Ravi Shanker Luther & Shri Vikram Luther, seeking registration of a Will executed by late Shri Charanji Lal S/o late Shri Nand Lal asked the petitioner to get a stay order or direction issued by a Court within fifteen (15) days of the issue of the said letter and informed that if she failed to provide the said status her objection shall be treated as null & void and the Sub-Registrar would be inclined to register the documents without any further intimation.

(2.) EARLIER the petitioner vide letter dated 7.6.2013 had intimated the Sub-Registrar about the death of her father Shri Charanji Lal on 8.8.2012 and had requested him to give instructions not to entertain any document for registration on the basis of a forged and fabricated Will of her father. It is, thus, obvious that the persons mentioned in the communication dated 29.8.2013 have presented for registration a document alleged to have been executed by late Shri Charanji Lal, father of the petitioner, and it was in the context of the objections filed by the petitioner on 7.6.2013 that the said letter was issued.

(3.) IT would, thus, be seen that before registering a Will, the Sub- Registrar is required to satisfy himself that (i) the testator is dead, (ii) the will was executed by the testator, (iii) and the person presenting the same is entitled under Section 40 of the Act to present the same. Section 40 of the Act to the extent it is relevant provides that on the death of a person any person claiming as executor or otherwise under a will, may present it for registration.