Point of Law: It is evident from Rule 458 that the date of enquiry can be fixed only after ascertaining the time that is likely to be taken for the public to receive notice of the enquiry from the Gazette publication. Rule 459 states that adjournments shall ordinarily not be granted and registration shall be refused if the presentant does not take steps to prove the execution of the will within a reasonable time.

JUDGMENT :

1. Beleaguered in no small measure by the delay in registering a Will executed by her late husband, the petitioner, a senior citizen, is before this Court seeking directions.

2. Late C.T. Thomas, the husband of the petitioner, and the petitioner herein were the absolute owners in title and possession of several items of properties lying within the limits of Vazhappally East Village and Madappally Village. While so, C.T. Thomas left for his heavenly abode on 28.11.2018. During his lifetime, he had executed a will bequeathing his entire landed properties, deposits, shares etc in favour of the petitioner. On the strength of the Will, the petitioner approached the revenue authorities and requested that the property be mutated in her favour and she be permitted to remit basic tax. When there was some delay, she approached this Court and pursuant to directions issued, transfer of registry was effected. The petitioner states that though the Will is not a compulsorily registrable document, she decided to register the same to avoid unwanted complications. In the said circumstances, she approached the 1st respondent and submitted Ext.P2 application. Her grievance is that though the application was filed on 8.3.2021, no steps are being taken by the respondents. It is in the above backdrop that the petitioner is before this

Court seeking the following relief:

i) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondents to complete the registration proceeding pending as Will Enquiry Case No.P1/3/2021 and register the will within a time frame fixed by this Hon’ble Court.

3. I have heard Miss Parvathy.P., the learned counsel appearing for the petitioner and Smt. A.C.Vidhya, the learned Government Pleader.

4. I have considered the submissions advanced and have perused the records.

5. Part VIII of the Registration Act, 1908 provides for the procedure of presenting Wills and authorities to adopt. Sections 40 and 41 of the Act reads as follows:

Section 40: Persons entitled to present wills and authorities to adopt .-(1) The testator, or after his death, any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration.

(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration.

Section 41: Registration of wills and authorities to adopt.-(1) A will or an authority to adopt, presented for registration by the testator or donor, may be registered in the same manner as any other document.

(2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied--

(a) that the will or authority was executed by the testator or donor, as the case may be;

(b) that the testator or donor is dead; and

(c) that the person presenting the will or authority is, under section 40, entitled to present the same.

6. The testator or after his death, any person claiming as executor or otherwise under a Will is entitled to present the document before any Registrar or Sub Registrar for registration. The statute says that a Will may be registered in the same manner as any other document. However, the Registering Officer is required to satisfy himself that

a) the Will or authority was executed by the testator or donor as the case may be

b) that the testator or donor is dead and

c) that the person presenting the Will or authority is under Section 40 entitled to present the same.

7. The Registration Rules (Kerala) framed by the Inspector General of Registration in exercise of powers conferred under sub-section (1) of Section 69 of Act XVI of 1908 provides for the procedure to be followed by the Registering officer. Rule 84 and 85 are of some relevance.

Rule 84: (1) When a will or an authority to adopt is presented for registration after the death of the testator or the