A Will does not require registration or probate if it is validly executed and the property claim is unchallenged.

Mr.D.Gandhi Raj, Special Government Pleader Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 4th respondent in Na.Ka.C1/6487/2024 dated 04.01.2025 and quash the same and consequently direct the 3rd and 4th respondent to effect patta transfer in favour of the petitioner in respect of the properties situated at Pappankulam and Elankulam Villages, Nanguneri Taluk, Tirunelveli District based on the will dated 27.11.1981.

ORDER

This Writ Petition has been filed to quash the impugned proceedings of the 4th respondent dated 04.01.2025 and consequently to direct the 3rd and 4th respondents to effect transfer of patta in favour of the petitioner in respect of the properties situated at Pappankulam and Elankulam Villages, Nanguneri Taluk, Tirunelveli District, based on the Will dated 27.11.1981.

2. The learned counsel appearing for the petitioner submitted that the petitioner is entitled to the property based on a said Will. The respondents rejected the Will on the ground that it is not registered and that it was written on a plain sheet and not on stamped paper. It is a settled proposition of law that a Will need not be registered. Further, a Will can be executed on a plain sheet of paper and it is not necessary that it should be executed on stamped paper. Therefore, the reason stated in the impugned order is illegal and reflects total non-application of mind.

3. The learned Special Government Pleader appearing for the respondents submitted that the Will has not been probated. In support of his contention, he relied upon the order passed by this Court in W.P.(MD) No.29624 of 2025 dated 23.10.2025, wherein it was stated that the other legal heirs should be heard or that the Will should be declared by the competent Civil Court. The relevant paragraphs 5 and 6 are extracted hereunder:

“ 5.The said decision can be taken as an authority only for the proposition that the Sub Registrar could not have refused registration of a document that the Will in question had not been probated. But where there is more than one legal heir for the deceased testator/testatrix, it is the duty of the propounder to establish before the registering authority that there is no cloud on her claim. This can be done in two ways. Either a declaration from the Civil Court can be obtained or NOC can be produced before the registering authority from all the legal heirs. Since the petitioner do not resort to either of the methods, I decline to quash the impugned refusal check slip. However, I permit the petitioner to re-present the document. It is the duty of the petitioner to produce NOCs from all the other legal heirs. If the registering authority has any doubt, he can even insist that the other legal heirs shall appear before him either in person or through video conferencing mode. Their identity has to be duly authenticated by a lawyer practicing within the jurisdiction of the registering authority.

6. Once the petitioner satisfies the registering authority that there is no rival claim and that the Will relied on by her is not challenged, the registering authority shall register the petition mentioned document and release the same. 7.This writ petition is disposed of. No costs.”

4. Based on the facts of the said case, this Court had passed such an order, however, the facts and circumstances of the present case are totally different. In the present case, the grandmother of the petitioner, namely Rajammal, executed the said Will. In the Will, it is clearly stated that after the demise of her husband, namely Muthusamy Naidu, she inherited the property and also obtained patta in her name. The said Rajammal’s only daughter had predeceased