G PATTABI REDDIYAR Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE Petitioner has approached this Court for Writ of Mandamus, directing the Respondents to release the Will dated 24.6.2009, said to have been executed by one Mrs. Saraswathyammal. According to the Petitioner, the said Mrs. Saraswathyammal is Petitioner-s paternal aunt (father-s sister). She is stated to have executed the Will dated 24.6.2009 during her life time bequeathing her property to the Petitioner and she subsequently died on 10.11.2009.

(2.) IT is the further case of the Petitioner that the Petitioner submitted the Will for posthumous registration to the Second Respondent on 22.3.2010. However, the Second Respondent admitting the above Will under the document No.P30 of 2010 failed to release the document. Therefore, the Petitioner has come before this Court for the Writ of Mandamus.

(3.) THOUGH it appears that the Petitioner has complied with Section 40 of the Registration Act, a perusal of the alleged Will dated 24.6.2009 would show that the testator-s husband predeceased the Testatrix and she already stated to have settled some properties in favour of sister-s son and daughter and the relevant portion of the Will reads as follows:TAMIL