Will – Registration – Effect: Registration Act section 41(2)(a)

Appellant No. 1 is the widow of Pradeep Singh Bhandari and appellant No. 2 is the son of Pradeep Singh Bhandari. Pradeep Singh Bhandari was the son of G.S. Bhandari. G.S. Bhandari predeceased his wife Smt. Durga Devi Bhandari. After the death of Smt. Durga Devi Bhandari, respondent No.3, the daughter of G.S. Bhandari, purported to present a Will, allegedly executed by Smt. Durga Devi Bhandari, for registration before respondent No. 2, Sub-Registrar (Second), Haldwani. Respondent No. 2 has registered the said Will. Challenging the said registration, a writ petition was filed. In that, amongst others, it was contended that, in terms of the provisions of section 169 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, the subject Will was required to be registered by the Testator herself.

The question, whether, by the Will, bhumidhari right has been transferred or not, has not yet arisen. The same will arise only when, on the strength of the Will, the alleged beneficiary thereunder will seek a direction for transfer of the bhumidhari right of the Testator in her favour. The court has not gone into the question at this stage, that whether, by reason of Section 1 69 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, read with section 17(1)(f) of the Registration Act, 1908, it was a requirement for the Testator herself to register the Will or not, inasmuch as, by and under the purported Will, the Testator purportedly devised also those properties, which cannot be called bhumidhari rights. Inasmuch as the Will cannot be truncated into two or scissored, one in respect of the bhumidhari rights and the other in respect of the other rights, the court dealt only with question as to whether the Registrar, in the matter of registering the Will in question, acted in excess of his authority

Under Clause (a) of s/s. (2) of section 41 of The Registration Act, 1908, the Registrar had the obligation of satisfying that the Will, or the instrument purporting to be Will, was executed by the testator. If the Registrar was satisfied about the execution of the purported Will by the testator, he certainly could register the Will. The satisfaction of the Registrar that the Will was executed by the testator is no certificate that the same was executed in fact by the testator. At the same time, registration of a Will does not give more authenticity to the Will. An unregistered Will or a registered Will has no difference. A Will come into force only when the same is accepted by a competent court to be a Will executed by the testator, who is supposed to have executed the same.