V K THANIKACHALAM Vs. PARAMESWARI AMMAL

JUDGEMENT

(1.) THE petitioner in the revision as well as the appellant in the appeal is one and the same. For the purpose of convenience, I refer the parties as described in the revision. THE petitioner filed O. P. No. 1 of 1984 for the grant of probate in respect of the will executed by one rajammal. His case is that the deceased testator executed the Will on 25. 12. 1978 by bequeathing the properties in his favour. Earlier, he wanted to register the Will before the Joint Sub-Registrar No. I, Vellore . THE respondents opposed the same and after due enquiry, the Sub-Registrar refused to register the Will, finding that the Will is not genuine. As against that he preferred an appeal before the District Registrar, Vellore who also confirmed the order of sub- Registrar. Hence the O. P. has been filed.

(2.) THE respondents contested the claim of the petitioner stating that the Will relied upon by the petitioner is a forged one. Further the deceased had already executed a registered Will on 4. 3. 76. As the registering authorities have found that the Will produced by the petitioner is a forged one, the O. P. itself is not maintainable. THE respondents further filed an application I. A. 991 of 1990 to dismiss the O. P. contending that the order passed by the registering authorities has become final. THE petitioner did not challenge the order of the registering authorities and hence the O. P. is to be dismissed.

(3.) IT is necessary to consider the various provisions of the Registration Act. When a document is presented for registration the person by whom the document purports to be executed denies its execution, the registering of ficer shall refuse the registration of the document. (Section 35 (3) of the Registration Act ). In case of a dead person Section 35 (1) (c) of the said Act authorises the registering of ficer to register the document, in case of a person executing the document is dead and his representative or assignee appears before the registering authority and admits the execution. Sub-section (2) of Sec. 35 empowers the registering authority in order to satisfy himself about the identity of the person appear before him or their representative he may examine them in his of fice. After the enquiry if it is found that the document is not genuine, the registering authority can refuse registration. On such refusal, any person claiming under such document may within 30 days after making the order of refusal, apply to the registrar in order to establish the right to have the document registered in accordance with section 73 (1) of the said Act. Section 74 of the said Act lays down the procedure to be followed by the Registrar. If the Registrar accepts with the registering authority and refuses to direct the registration of the document as a result of his finding under Section 75, he has to make an order of refusal, recording the reasons for such an order in accordance with Section 76 (1) of the said Act. If the person aggrieved makes any application for the copy of the order, the same should be furnished. Against the order of the Registrar no appeal has been provided. But, however, section 77 of the said Act provides for a suit, seeking for a decree directing that the document to be registered.