Petitioners challenged a communication refusing registration of an assignment deed because the underlying title document was an unregistered will. The court held that unregistered wills are not mandatorily registrable and allowed the writ petition.
Ext.P4 communication quashed; Sub Registrar directed to register the assignment deed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 14TH DAY OF JUNE 2017/24TH JYAISHTA, 1939
WP(C).No. 17492 of 2017 (J)
PETITIONER(S):
1. KAYAKKAL MOHANLAL,
2. KAYAKKAL CHITHRALEKHA,
3. KAYAKKAL ASOKAN, S/O.BALAKRISHNAN, ANAND, NEAR CHALAD TEMPLE,
4. KAYAKKAL PRAJEETH,
5. KAYAKKAL PREETH PREMARAJ,
BY ADV. SRI.P.M.PAREETH.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM-695 035.
3. SUB REGISTRAR, KANNUR, P.O. KANNUR-670 002.
WP(C).No. 17492 of 2017 (J)
4. DISTRICT REGISTRAR (GENERAL), KANNUR AT THALASSERY, GUNDART ROAD, THALASSERY-670 101.
BY GOVT. PLEADER SRI.SURIN GEORGE IPE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 17492 of 2017 (J)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
P.B. SURESH KUMAR, J.
W.P.(C) No.17492 of 2017
Dated this the 14th day of June, 2017
JUDGMENT
The petitioners have obtained an item of
property from one Sathyabhama in their capacity as her legal representatives. Sathyabhama had obtained the property from her mother Panchali and Panchali had obtained the property from her mother Kuyyattil Keloth Kappirichi by virtue of an unregistered Will executed in the year 1954. The petitioners intend to transfer the property to four other persons and for the said purpose, they have prepared an assignment deed and presented the same for registration. The Sub Registrar, however, returned the
W.P.(C) No.17492 of 2017
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document without registering the same along with Ext.P4 communication. The petitioners challenged Ext.P4 communication in appeal and the appellate authority dismissed the appeal as not maintainable by Ext.P7 order. In the light of Ext.P7 order, the petitioners challenge Ext.P4 communication in this proceedings under Article 226 of the Constitution of India.
as also the learned Government Pleader.
W.P.(C) No.17492 of 2017
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or if the same is vitiated on account of any vitiating circumstances, the documents executed on the strength of the unregistered Will will not affect the rights, if any, of the persons concerned over the property. In the said view of the matter, the writ petition is allowed, Ext.P4 communication is quashed and the Sub Registrar is directed to register the document presented by the petitioners for registration.
Sd/- P.B. SURESH KUMAR JUDGE
bpr
2 issues framed by the court
Whether the Sub Registrar was justified in declining to register an assignment deed on the ground that the underlying will was unregistered.
Whether an unregistered will constitutes a valid ground for refusing registration of a subsequent property transfer document.
1 provisions across 1 enactments
Kayakkal Mohanlal & Ors.
State of Kerala
Inspector General of Registration, Vanchiyoor
Sub Registrar, Kannur
District Registrar (General), Kannur
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
