PRAMILA TIWARI Vs. ANIL KUMAR MISHRA

JUDGEMENT

(1.) These proceedings are in pursuance to the reference order of Hon'ble the Chief Justice dtd. 25/4/2023 to answer the reference framed by Hon'ble Vivek Chaudhary, J. on 14/10/2022 which is as under:

(2.) The learned Single Judge was faced with two contradictory views taken by two Co-ordinate Benches of this Court: one in the matter of Sobnath Dube, In the Matter of: Late Kashinath Dube; reported in 2015 (0) SCC (All) 674 wherein it was held that with the amendment of UP Zamindari Abolition and Land Reforms (U.P.Z.A. and L.R.) Act, 1950 (hereinafter referred to as 'the Act of 1950') incorporating the new provisions as Sec. 169(3) in it by the State legislature, making registration of Will compulsory, will be prospective and Will executed prior to the date giving effect to the amendment by the State Government will not require to be registered compulsorily, whereas in Jahan Singh v. State of UP and ors (Writ Petition No.1570 of 2017), another Co-ordinate Bench in its judgment dtd. 18/5/2017 disagreed with the view taken in Sobnath Dube (supra) on the ground that unregistered Will taking effect after the date of amendment stands hit by amended provisions of 169(3) of the Act, 1950. In Sobnath Dube's case (supra) a view was taken, since a Will becomes effective only upon the death of the testator, every such Will which may come into effect after the amendment of Act of 2004, is required to be compulsorily registered.

(3.) At the initial stage, when we heard the matter, we re-framed the reference as under: