JUDGMENT :

1. These proceedings are in pursuance to the reference order of Hon'ble the Chief Justice dated 25.04.2023 to answer the reference framed by Hon'ble Vivek Chaudhary, J. on 14.10.2022 which is as under:

“whether the provision of compulsory registration of will, as introduced in the form of Section 169(3) of U.P.Z.A. & L.R. Act, 1950 by the Amendment Act namely U.P. Act No. 26 of 2004, is prospective or retrospective in nature?”

2. The learned Single Judge was faced with two contradictory views taken by two Co-ordinate Benches of this Court: one in the matter of Sobnath Dube, In the Matter of: Late Kashinath Dube, 2015 (0) SCC (All) 674 wherein it was held that with the amendment of UP Zamindari Abolition & Land Reforms (U.P.Z.A. & L.R.) Act, 1950 (hereinafter referred to as 'the Act of 1950') incorporating the new provisions as Section 169(3) in it by the State legislature, making registration of Will compulsory, will be prospective and Will executed prior to the date giving effect to the amendment by the State Government will not require to be registered compulsorily, whereas in Jahan Singh v. State of UP & Ors. (Writ Petition No. 1570 of 2017), another Co-ordinate Bench in