1. In what manner the wrong descriptions in a 'Will' would have an impact upon the legatee claiming the property covered by the Will is the sole question to be considered in this writ petition.

2. The petitioners are the children of late T.K. Krishnan and late Padmini Amma. Late T.K. Krishnan had executed a registered Will bequeathing his property to petitioners 1 to 3. In the Will, there is a mistake in regard to description of the property. That lead to a thought for the petitioners to partition the property among the legal heirs as per the wish of the testator. Accordingly, they executed a partition deed. The Sub Registrar refused to register the partition deed stating that after the death of the testator, mutation of the property was effected and the document presented for registration can be treated only as a conveyance deed. It is challenging the decision of the Sub Registrar, the petitioners approached this Court.

3. The erroneous description of subject in a 'Will' is attempted to be resolved by executing a partition deed by the legal heirs. If the bequest had already given effect, there may not be any right available for the legal heirs of the testator to enter into