Petitioner filed a writ petition seeking direction to register a fresh Will after cancelling an earlier one without producing the original Will. The court directed the petitioner to provide photocopies for registration.
Petiitioner directed to provide photocopies of the cancelled Will for registration by respondents within one week.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2018
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.(MD)No.17976 of 2018
Pandiyan ... Petitioner
/Vs./
The District Registration Officer,
Madurai.
2.The Sub Registrar, Othakadai Sub Registrar Office, Integrated Registration Complex, Rajagambeeram, Madurai. ... Respondents
PRAYER: Writ petition - filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to receive the “Cancellation of Will dated 07.08.2018” presented by the petitioner and further direct the second respondent to receive a fresh Will and register the same.
For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.M.Murugan Government Advocate
ORDER
The petitioner seeks a direction to the second respondent to receive the cancellation of Will dated 07.08.2018 presented by him and a further direction to the second respondent to receive a fresh Will and register the same.
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authority will take into consideration and process the fresh Will submitted by the petitioner for registration.
(i) The writ petitioner is directed to make available photocopies of the Will dated 07.08.2018 to the respondents within a period of one week from the date of receipt of a copy of this order.
(ii) On production of the copy of the Will, the respondents are directed to process the Will, if the same is otherwise in order and in terms of the registration manual, the authorities shall register the same.
(iii) The authorities shall pass appropriate orders after receipt of the copy of the earlier Will dated 07.08.2018, within a period of three weeks thereafter. No costs.
Assistant Registrar (Writs)
// True Copy //
Sub Assistant Registrar(CS-II)
To:
1.The District Registration Officer, Madurai.
2.The Sub Registrar, Othakadai Sub Registrar Office, Integrated Registration Complex, Rajagambeeram, Madurai.
+1 CC To MR.P.M.VISHNUVARTHANAN, Advocate SR. NO. 88178 +1 CC TO The Special Government Pleader SR.NO. 88191
Order made in W.P.(MD)No.17976 of 2018 01.10.2018
SM
TR/RP/SAR-II(03.10.2018)2P 5C
1 provisions across 1 enactments
Pandiyan
The District Registration Officer, Madurai
The Sub Registrar, Othakadai
V.Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
