Allahabad High Court has canceled sub-section 3 of Section 169 of the Land Reforms Act in Uttar Pradesh. Along with this, it has been ordered that registration of the will is not necessary. The Uttar Pradesh government had made registration of wills mandatory from 23 August 2004. Now the High Court has said that if the will is not registered then it will not be invalid.
Registration of will is no longer necessary in Uttar Pradesh. Allahabad High Court has abolished this law. Now there will definitely be no need for it. Along with this, the court has also abolished the Amendment Act of 2004. The High Court has canceled sub-section 3 of Section 169 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. The High Court has termed this amendment law as contrary to the Indian Registration Act. The then government had made registration of wills mandatory from 23 August 2004. At the same time, now the High Court has said that if the will is not registered then it will not be invalid.
Let us tell you that this order has been given by the division bench of Justice Siddharth Verma and Justice Ajit Kumar. The division bench has given this order while disposing of the reference sent by the Chief Justice.
High Court gave its verdict on this issue
In fact, in the Shobhnath case, the High Court has said that registration of the will has become necessary after the law came into force. But in Jahan Singh case it was said that the will becomes effective after death. Therefore, it should be registered at the time of presentation. To clear up this confusion, a request was made to fix a single section reference. Disposing of this, the division bench has returned the petition to the single bench. Advocate Anand Kumar Singh argued the petition. During the hearing of the petition, the court modified the reference and gave its verdict on the original issue. After this decision, registration of will will not be necessary in the state.
Know what is called a will
It is a legal document. In which the name of one or more persons is written. The person in whose name the will is made inherits the property and business of the person making the will. The person who has made the will. He can get it canceled at any time in his life or even change it in someone else’s name.
How is a will registered?
The will can be prepared on a plain paper. But to avoid doubts on its genuineness, it can also be registered. If a person wants to get his will registered, he has to go to the sub-registrar’s office along with witnesses. Many districts have sub-registrars who help in registering wills. Once the legal proof is registered, the will becomes a strong legal proof.
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