Unnikrishnan vs The Sub Registrar
2023 Latest Caselaw 6477 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                       WP(C) NO. 10347 OF 2023
PETITIONER:

          UNNIKRISHNAN,
          AGED 79 YEARS,
          S/O AYYAPPAN, KANDAMKULATHIL ERAVU DESOM, ERAVU P.O,
          THRISSUR - 680 620.
          BY ADV P.PAULOCHAN ANTONY


RESPONDENTS:

    1     THE SUB REGISTRAR,
          SUB REGISTRAR OFFICE, F469+CRR, KANJANY PERINGOTTUKARA
          RD, ANTHIKAD, KERALA - 680 641.
    2     THE VILLAGE OFFICER,
          MANALUR VILLAGE OFFICE, THRISSUR-VADANAPPALLY ROAD,
          KANJANY, KERALA - 680 612.
    3     THE VILLAGE OFFICER,
          ERAVU VILLAGE OFFICE, COMMUNITY HALL ROAD, ARIMPUR,
          KERALA - 680 620.
          BY SMT. PREETHA K K (SR. GP)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10347 OF 2023
                                    2



                           JUDGMENT

Certain properties were obtained by the petitioner on the

strength of Ext.P1 will executed by his late wife on 10.01.2015. In

terms of Ext.P1, an item of property exclusively belonging to the

late wife of the petitioner and her share / interest in another item

of property which was jointly owned by the petitioner and his late

wife devolved upon the petitioner and his daughter. It is submitted

that the petitioner now wishes to execute a settlement deed settling

his interest in the properties in question in favour of his daughter

and that document is not being accepted for registration on the

ground that Ext.P1 will is not a registered document.

2. Heard the learned Government Pleader also.

3. It is settled law that a will is not a compulsorily

registrable document. There is no reason to hold that the

properties / interest in properties obtained by the petitioner in

terms of Ext.P1 will cannot be the subject matter of a settlement

deed in favour of his daughter. The only reason put forth for not

registering Ext.P7 settlement deed is that the will under which the

petitioner obtained the properties / interest in the properties is an WP(C) NO. 10347 OF 2023

unregistered will. Since no person has challenged Ext.P1 will and

since a will is not a compulsorily registrable document, I am of the

view that the objection raised against the registration of Ext.P1

settlement deed cannot be sustained.

Accordingly, this writ petition is allowed and the 1 st

respondent is directed to register Ext.P7 settlement deed subject to

compliance with usual formalities and without being affected in

any manner by the fact that Ext.P1 will is not a registered

document.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 10347 OF 2023

APPENDIX OF WP(C) 10347/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE UNREGISTERED WILL DATED 10.01.2015 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P-1.

Exhibit P2 COPY OF DEATH CERTIFICATE DATED ON 9.5.2022 Exhibit P3 THANDAPPER ACCOUNT NUMBER 960.A TRUE COPY OF THE THANDAPER REGISTER DATED 13.03.2023 IN RESPECT OF THE 5.4 CENTS COMPRISED IN SY NO 164/3-2 OF ERAVU VILLAGE .

Exhibit P4 THANDAPPER ACCOUNT 960. A TRUE COPY OF THE THANDAPER REGISTER DATED 13.03.2023 IN RESPECT OF THE 5.4 CENTS COMPRISED IN SY NO 164/3-3 OF ERAVU VILLAGE Exhibit P5 THANDAPPER ACCOUNT 960. A TRUE COPY OF THE THANDAPER REGISTER DATED 13.03.2023 IN RESPECT OF THE 5.4 CENTS COMPRISED IN SY NO 164/3-5 OF ERAVU VILLAGE .

Exhibit P6         LAND REVENUE RECEIPT
Exhibit P7         SETTLEMENT DEED DATED ON 7.3.2023