MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) According to the petitioners, petitioners are the only legal heirs of one Late. Joseph, who died on 1.12.2015. The said Joseph has left a Will in respect of his properties and the same is deposited with the second respondent. Even though petitioners applied for a copy of the Will deposited by the testator along with necessary supporting documents, second respondent as per Ext.P4 order dated 28.12.2016 rejected on the ground that since the Will is received through post, it cannot be treated as one received either for registering or for depositing in accordance with the terms of Rule 93(1) of the Registration Rules (Kerala) and as such copy cannot be allowed. The contention put forth by the petitioners is that, the Registrar on being satisfied that he is a duly authorised agent to receive the Will as provided under Clause (iii) of Rule 93, can issue a copy to the applicant It is thus challenging Ext.P4 and seeking other related reliefs, this writ petition is filed.

(2.) Heard learned counsel for the petitioner and learned Government Pleader.

(3.) The subject issue raised in this writ petition can be resolved by making a reference to Clauses (i) to (iii) to Rule 93 Rule 93 and Clauses (i) to (iii) read thus :-