Sadhna & Another vs Uttama Devi
2017 Latest Caselaw 6547 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- SECOND APPEAL No. - 819 of 2017
 
Appellant :- Sadhna & Another
 
Respondent :- Uttama Devi
 
Counsel for Appellant :- Alok Kumar Yadav,Jigyasa Singh
 
Counsel for Respondent :- Shashank Kumar,V.K. Yadav
 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellants and learned counsel for the respondents and perused the record.

Learned counsel for the appellants states that the father of appellant no. 1 namely, Ramjit Yadav had executed an unregistered will of his agricultural land and abadi land on 25.5.2004 in favour of the appellant no. 1. On 25.5.2004 the registration of will was not necessary with regard to agricultural land. The requirement of registration of will has been introduced on 23.8.2004 by U.P. Act No. 27 of 2004 in Section 169 (3)  of U.P.Z.A. & L.R. Act. The above amendment has no retrospective effect but the learned lower courts below have not considered this fact.

Learned counsel for the respondent argued that Ramjit Yadav died after six years of the alleged will  and during this period the alleged will has not been  got registered by Ramjit Yadav.

The second appeal is admitted on the following substantial question of law;

1. Whether courts below had committed manifest error of law which is patent on the record that Will dated 25.5.2004 was unregistered hence, not enforceable inasmuch as for house the Will was not required to be registered at all and for agriculture land the requirement of compulsory registration of Will under Registration Act was introduced by Amendment Dated 23.8.2004 in Section 169 (3) of U.P. Zamindari Abolition and Land Reforms Act, 1950 vide U.P. Act No. 27 of 2004 and said Amendment was prospective thus, there was no requirement to register the will dated 25.5.2004 ?

Summon the lower court record.

List after receipt of lower court record for final hearing.

Till the next date of listing, parties are directed to maintain status -quo of the property in suit.

Order Date :- 8.11.2017/Gss