SHANKARI Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The fourth respondent has presented a document purporting to be a Will executed in her favour by her father-in-law late Thiru.Panneer Selvam. The petitioner claims that the said late Thiru.Panneer Selvam is her father, which claim is strongly contested by the fourth respondent. The Will is said to have been executed on 14/6/2013. It is true that a Will can be presented for registration at any point of time. The petitioner's apprehension is that since in O.S.No.69 of 2017 on the file of District Court, Tiruchirappalli filed by her mother, the Will in question has been put in issue, the registration of the same at the instance of the fourth respondent at this point of time may strengthen her hands.

(3.) The issue that arises for consideration is if for the reasons projected by the writ petitioner, the fourth respondent can be denied the right to present the document for registration. Sec. 41 of the Registration Act, 1908 and Rules 69 to 72 of the Tamil Nadu Registration Rules, 1983 are the relevant provisions. They read as follows:-