Court No. - 21 Case :- WRIT - C No. - 45501 of 2010 Petitioner :- Daya Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Umesh Shankar Respondent Counsel :- C. S. C. Hon'ble V.K. Shukla,J.
In the present case, petitioner claims that Smt. Prema Devi widow of
late Deep Chand executed will on 19.07.2007 in his favour qua her
movable and immovable property. Petitioner claims that he presented
the said will for registration under Section 40 of the Registration Act
before the Sub-Registrar. On the said request being made notices
were issued and after hearing the parties concerned, order was
passed on 09.06.2008, refusing to register the will. Against the said
order, petitioner filed appeal and said appeal has also been dismissed
on 21.05.2009. At this juncture, present writ petition has been filed.
The orders passed by the authorities concerned have been perused.
The Registering Authorities in their wisdom have taken into account
each and every circumstances of the case and have found that in
respect of executor of will, her legal heirs Smt. Geeta and Smt. Sonam
have been issued succession certificate, and further there was no
credible evidence in respect of execution of will in question and the
photos appended thereto also discredited the will. Once this is the
factual position, which has been taken into account, and affirmed in
appeal, then remedy of petitioner lies in filing suit.
Consequently, writ petition is dismissed.
Order Date :- 4.8.2010
SRY