ANNA FRANCIES Vs. SUB REGISTRAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India questions the refusal of the Sub Registrar acting under the provisions of the Registration Act, 1908 ("the Act" for short), and the rules framed thereunder to register a receipt presented for registration.

(2.) Late Maleyekkal Ollukkaran Varghese Antony had two sons and a daughter, they being Francis, Victor, and Sherly. During his lifetime, Varghese executed a will bequeathing an item of property owned by him and having an extent of 23 cents comprised in Survey No.243/1 of the Irinjalakuda Village together with the building situated therein in favor of his son Victor. The petitioners herein are the minor children of Francis and they are represented in this petition by their father and guardian, Sri. Francis.

(3.) As per the stipulations in the Will, Victor was required to pay a sum of Rs. 14 Lakhs to Francis, 5 Lakhs to Shirley, One lakh each to the petitioners, and one lakh each to his own minor children. However, it was expressly stipulated in the Will that if any of the children of Sri. Francis does not attain the majority even after 10 years of the passing away of the testator, Victor should pay the amount to the respective beneficiary after the attainment of the majority and obtain receipts. Any delay in effecting the payment was to attract interest at the rate of 12 % and a charge was also created over the property to the extent of the amounts directed to be paid under the Will.