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MUKUNDAKAM SHARMA, ANIL R.DAVE
Saroja – Appellant
Versus
Santhilkumar – Respondent
The registration of a will is not a compulsory requirement for its validity. A will can be considered valid even if it remains unregistered, provided it is executed in accordance with the legal formalities and can be properly proved in court through sufficient evidence and witnesses (!) . The law recognizes that registration is merely a facilitative process and does not affect the substantive validity of the will itself (!) . Therefore, while registration may aid in the ease of proving the will, it is not an essential condition for its validity under the law.
JUDGMENT
ANIL R. DAVE, J. —
1. Leave granted.
2. Being aggrieved by the Judgment delivered in Appeal Suit No. 774 of 1989 dated 25th June, 2004, by the High Court of Madras, this appeal has been filed by Original Defendant No. 3 in the suit. The suit filed by present respondent nos. 1 and 2 had been dismissed and, therefore, the plaintiffs had filed the aforestated appeal, which has been allowed by the High Court and, therefore, original defendant no. 3 has filed the present appeal.
3. The facts giving rise to the present litigation in a nutshell are as under:
4. Original Suit No. 57 of 1985 was filed by present respondent nos. 1 and 2 for a declaration that the properties referred to in Schedule ‘B’ and ‘C’ attached to the plaint, belong to plaintiffs 1 and 2 respectively and, therefore, the other defendants, namely, the present appellant and other respondents be restrained from interfering with their peaceful possession and enjoyment of the said property.
5. It was a case of the plaintiffs that plaintiff no. 2 who was the daughter of late Arumugha Mudaliar and plaintiff no.1 was the son of plaintiff no. 2, i.e., grandson of late Arumugha Mudaliar. Arumugha Mudaliar had three chil
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