Searching Case Laws & Precedent on Legal Query.....!

Scanned Judgements…!

Checking relevance for Basanti Devi VS Raviprakash Ramprasad Jaiswal...

Checking relevance for Chiranjilal Shrilal Goenka (Deceased) Through Lrs. VS Jasjit Singh...

Chiranjilal Shrilal Goenka (Deceased) Through Lrs. VS Jasjit Singh - 1993 0 Supreme(SC) 252 : When a registered will is acted upon, the probate court has exclusive jurisdiction to determine the validity and genuineness of the will. The grant of probate establishes the will from the death of the testator and renders valid all intermediate acts of the executor. Probate is a judgment in rem, conclusive as to the representative title against debtors and persons holding property belonging to the deceased, and affords full indemnity to those paying debts or delivering property to the person to whom probate is granted. The probate court alone is competent to deal with probate proceedings and to grant or refuse probate of the will annexed to the petition. The grant of probate is final subject to appeal or revocation, and it binds not only the parties but also the entire world. The executor, once appointed by the will and granted probate, becomes the legal representative of the deceased for all purposes, and all property of the deceased vests in the executor as such. The court of probate is only concerned with whether the document was duly executed and attested in accordance with law and whether the testator had a sound disposing mind at the time of execution. It does not decide questions of title or the existence of property itself. The probate court must preserve the original will in its custody. Any attempt to refer the dispute regarding the validity of the will to arbitration or to a civil court on the original side is without jurisdiction, even if consented to by the parties, as jurisdiction cannot be conferred by consent or waiver.Checking relevance for Sameer Kapoor VS State through Sub-Division Magistrate South, New Delhi...

Sameer Kapoor VS State through Sub-Division Magistrate South, New Delhi - 2019 5 Supreme 286 : When a registered will is acted upon, the beneficiaries or persons acting under the will may dispose of the testator''''s assets in India, as seen in the case where the appellants acted upon the will of Smt. Kailash Kapoor dated 16.05.1990 and disposed of all immovable properties in India between 6.9.2000 and March 2001. The probate of the will issued by the High Court of Justice, Birmingham, England and Wales on 21.11.1997, validated the will''''s authenticity, enabling such actions. Once a will is probated, letters of administration can be granted based on the probated will without requiring re-proving the will under Section 276 of the Indian Succession Act, 1925. The right to obtain letters of administration under Section 228, even after probate, is considered a continuous right and not barred by limitation.Checking relevance for Kunvarjeet Singh Khandpur VS Kirandeep Kaur...

Checking relevance for YASH VARDHAN MALL VS TEJASH DOSHI...

Checking relevance for Jagjit Singh VS Pamela Manmohan Singh...

Checking relevance for Manju Puri VS Rajiv Singh Hanspal...

Checking relevance for Bmo Trust Company VS State Bank Of India And Another...

Bmo Trust Company VS State Bank Of India And Another - 2022 0 Supreme(Del) 1694 : When a registered will is acted upon, the probate granted by a competent foreign court (such as the Superior Court in this case) is recognized as conclusive proof of the legal character of the will and the authority of the petitioner to administer the estate. The court held that a probate or letter of administration issued by a competent court is conclusive proof of legal character throughout the world. The petitioner, as the duly registered trust, was entitled to access and close the deceased testator''''s Savings Bank account upon filing an apostilled copy of the will and the judgment of probate. The court emphasized that the proceedings for probate are not an action in law but a request for recognition to perform a moral duty, and thus do not constitute a claim of rights under Indian law. The judgment of the Superior Court, which confirmed the will was duly executed and the petitioner''''s right to represent the estate, operates as a judgment in rem and is binding. Therefore, the petitioner''''s actions based on the probate are legally valid and enforceable, and the bank (SBI) must process the remittance subject to obtaining RBI permission and providing the apostilled documents.Checking relevance for In the Goods of: Smt. Jayabat Roy VS Minati Roy...

Checking relevance for Bandana Bandapadhyaya VS Neeti Bhattacharjee...

Checking relevance for Vijay Singhania VS State Of NCT Of Delhi...

Checking relevance for Md. Sahar Ali S/o Late Hussian Ali VS Abdul Khaleque, S/O Late Hussian Ali...

Checking relevance for In the Goods of: Saroj Kumar Chatterjee (Deceased) VS . ...

Checking relevance for In The Goods Of : Ganadeb Basu, Deceased VS . ...

Checking relevance for Krishna Kumar Birla VS Rajendra Singh Lodha...

Checking relevance for Binapani Kar Chowdhury VS Satyabrata Basu...

Checking relevance for Krishna Kumar Sharma VS Rajesh Kumar Sharma...

Checking relevance for Suresh Kumar Bansal VS Krishna Bansal...

Checking relevance for Vasudev Daulatram Sadarangani VS Sajni Prem Lalwani...

Checking relevance for Kurian VS Chellamma John...

Checking relevance for ASHISH KUMAR PANDEY VS BAJRANG BALI PANDEY...

Checking relevance for REETA RAMESH @Reeta SAWHNEY VS STATE OF DELHI...

Checking relevance for STATE OF U. P. VS ASHOK TAHILIANI...

Checking relevance for Yash Vardhan Mall VS Tejash Doshi...

Yash Vardhan Mall VS Tejash Doshi - 2017 0 Supreme(Cal) 736 : When a Will is registered, it does not automatically revive or re-publish the Will, nor does registration constitute re-execution. Registration of a Will under the Registration Act, 1908 is optional and does not prove due execution. A registered Will operates from the time it would have commenced to operate if no registration were required, not from the time of registration. The mere registration of a revoked Will after the execution of a subsequent Will does not revive the earlier Will unless it is re-executed or a codicil showing an intention to revive it is executed in the manner required for a valid Will. Registration by the Registrar does not make the Registrar a statutory attesting witness, and the registration itself does not validate the execution of the Will. Therefore, registration alone does not result in the Will being acted upon as a valid, operative document unless it meets all legal requirements for execution and revival.Checking relevance for Vidya Sagar, Goshacut,Jhinsi Chowraha, Hyderabad VS Ram Kishan Singh (Died), Bal Ram Singh...

What Happens When Registered Will Is Acted Upon

Main Points and Insights

• Irreversibility of Acts Upon a Registered Document: Once a registered deed, such as a gift or settlement deed, has been acted upon (e.g., property handed over, original title deeds transferred), it cannot be unilaterally canceled or nullified later, even if the original deed is returned or challenged. The act of registration and subsequent actions solidify the document's validity ["R. Shridar vs Sub-Registrar, Coimbatore North Joint I, Coimbatore - Madras"], ["R. Shridar vs Sub-Registrar, Sub-Registrar Office, Coimbatore North Joint I, Coimbatore District - Madras"].

• Proof of Acted-Upon Deed: For a registered document to be considered valid, it is sufficient to prove that it was acted upon during the lifetime of the executant. This includes actions such as handing over original title deeds or executing notices, which demonstrate the deed's effectuation ["R. Shridar vs Sub-Registrar, Coimbatore North Joint I, Coimbatore - Madras"], ["R. Shridar vs Sub-Registrar, Sub-Registrar Office, Coimbatore North Joint I, Coimbatore District - Madras"].

• Service of Notices and Effectiveness: Properly sent registered notices (e.g., notices of attachment or demand) are presumed to have been served if sent correctly and with postal receipts. Once served and acted upon (e.g., property attachment), these notices contribute to establishing the deed's effectuation ["M.P.State Financial Corporation vs Munnidevi - Madhya Pradesh"].

• Legal Consequences of Acted-Upon Registration: Acts such as property attachment, execution of sale deeds, or transfer based on registered documents are considered final and binding once performed. Subsequent attempts to cancel or challenge these acts are generally ineffective if the acts have already been carried out ["Sunil Kumar Dawar, S/o late Shri Amarnath Dawar vs District Magistrate, District South-East Revenue Department, Government of NCT of Delhi - Delhi"].

• Limitations and Procedural Aspects: The law emphasizes that documents relied upon must be properly registered and that the act of registration, once completed, cannot be re-opened by the registrar unless procedural irregularities are proven. Also, non-registration of certain agreements, like oral settlements, does not necessarily invalidate subsequent acts based on those agreements if they have been acted upon ["Sunil Kumar Dawar, S/o late Shri Amarnath Dawar vs District Magistrate, District South-East Revenue Department, Government of NCT of Delhi - Delhi"], ["K.S. Chennamma W/o Late Sadashivaiah vs K.S. Maharudrappa S/o K. Shivalingappa - Karnataka"].

• Unilateral Cancellation and Fraud: The registering authority does not have the power to cancel a deed unilaterally once it has been acted upon, especially if the act was genuine. Attempts at cancellation post-act are often deemed fraudulent if they aim to undo a completed transaction ["Padmini Bai VS Inspector General of Registration, O/o. The Inspector General of Registration - Madras"].

Analysis and Conclusion

When a registered will or deed has been acted upon—such as through transfer, handing over original documents, or serving notices—the acts are deemed final and binding. The law recognizes that such acts, once performed, cannot be unilaterally canceled or reversed, even if the original document is returned or challenged later. The effectiveness of registered deeds is reinforced by the fact that acts like property attachment, sale, or transfer are considered conclusive once executed, and subsequent attempts to annul them are generally invalid unless procedural irregularities are established. Proper service of notices and actions taken under registration solidify the deed's effectuation, making such acts legally binding and enforceable.

References:- ["R. Shridar vs Sub-Registrar, Coimbatore North Joint I, Coimbatore - Madras"], ["R. Shridar vs Sub-Registrar, Sub-Registrar Office, Coimbatore North Joint I, Coimbatore District - Madras"]: Acts upon registration cannot be altered or canceled unilaterally once performed.- ["M.P.State Financial Corporation vs Munnidevi - Madhya Pradesh"]: Registered notices and subsequent actions (attachment) are presumed effective.- ["Sunil Kumar Dawar, S/o late Shri Amarnath Dawar vs District Magistrate, District South-East Revenue Department, Government of NCT of Delhi - Delhi"]: Registration acts are final; acts like sale or transfer after registration are binding.- ["K.S. Chennamma W/o Late Sadashivaiah vs K.S. Maharudrappa S/o K. Shivalingappa - Karnataka"], ["Musmat Shanti Devi VS Lallu Ram - Patna"], ["Shaju, S/o.Nareparamban Vareed vs Victory Granite Bricks Pvt. Ltd. - Kerala"]: Non-registration impacts legal validity but does not negate acts already performed upon registered documents.- ["Padmini Bai VS Inspector General of Registration, O/o. The Inspector General of Registration - Madras"]: The authority to cancel a deed is limited; acts upon registration are conclusive.