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Adv. Anuragdeep Bansal   24 May 2022

Will registration

kindly tell me the Supreme Court law/ Judgment on " " REGISTRATION OF A WILL IS NOT MANDATORY "


 1 Replies

Sravika Reddy Kohir   22 June 2022

Hello Adv. Anuragdeep Bansal, I acknowledge your question. The registration of will is not mandatory, even where it relates to immovable property under Section 18 of the Registration Act, 1908. In the case Rajkishore Panda v Banitra Madhya Engineering Vidyapith AIR 1987 Ori 55 it is declared that registration is only optional.

In the case R. Kameshwara Rao v B. Surya Prokash Rao AIR 1962 AP 178.

It held that no adverse presumption can be drawn if the will is not registered. It is also suggested that the non - registration of the will is a very material circumstance against its truth and the explanation offered for non-registration is palpably false. It is elementary that will is not one of the instruments that should be registered compulsorily.

I hope I have answered your question.

Have a good day.

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