Case Law Details
Case Name : Ramesh Chand (D) THR. LRS. Vs Suresh Chand And Anr. (Supreme Court of India)
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Supreme Court of India
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Ramesh Chand (D) THR. LRS. Vs Suresh Chand And Anr. (Supreme Court of India)
No Title Without Sale Deed – SC Rejects GPA/Will Based Claim to Family Property- Only Registered Sale Deed Transfers Ownership – Suraj Lamp Applied Again
Background
The case arose out of a long-standing family dispute regarding property at Delhi, originally owned by late Shri Kundan Lal. Plaintiff (Suresh Chand): Claimed ownership through documents dated 16.05.1996 – Agreement to Sell, GPA, Affidavit, Receipt & a registered Will. He alleged his brother Ramesh Chand (Defendant No.1) was only a license...
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Author Bio
If registered will is not enough then what for the will getting registered in the court ? Shall we take it as a scam by judges and the notaries to swindle innocent peoples money by this way without informing him or her when this got registered that this is of no use? Court should not allow this type of unethical practice.
Registration of a Will is not mandatory under Indian law, but it is an added safeguard to reduce disputes. A registered Will carries a presumption of genuineness since it is recorded before a SUB REGISTRAR( Not Court as presumed by a few) , yet it can still be challenged on grounds like coercion, fraud, lack of capacity, or suspicious circumstances.
What many people miss is that in certain jurisdictions (like Mumbai, Chennai & Kolkata) and for certain classes of property & for certain communities- for all properties, a PROBATE of the Will is compulsory. Probate is the Court’s official certification that the Will is genuine & valid, and only then can it be acted upon. In other places, probate may not be mandatory, but it still gives finality and avoids prolonged litigation.
So, registration is not useless, nor is it a scam. It strengthens the Will by reducing the chance of fabrication, but it doesn’t make it immune from scrutiny. That is why courts insist on probate in some cases-to ensure the Will truly reflects the testator’s free intention
Registration of a Will is not mandatory under Indian law, but it is an added safeguard to reduce disputes. A registered Will carries a presumption of genuineness since it is recorded before a SUB REGISTRAR( Not Court as presumed by a few) , yet it can still be challenged on grounds like coercion, fraud, lack of capacity, or suspicious circumstances.
What many people miss is that in certain jurisdictions (like Mumbai, Chennai & Kolkata) and for certain classes of property & for certain communities- for all properties, a PROBATE of the Will is compulsory. Probate is the Court’s official certification that the Will is genuine & valid, and only then can it be acted upon. In other places, probate may not be mandatory, but it still gives finality and avoids prolonged litigation.
So, registration is not useless, nor is it a scam. It strengthens the Will by reducing the chance of fabrication, but it doesn’t make it immune from scrutiny. That is why courts insist on probate in some cases-to ensure the Will truly reflects the testator’s free intention
Pls read the entire decision to appreciate the context.
Whether will is registered or not – is not the crucial aspect. Validity of the Will – in terms of Sec 63 of the Succession Act, 1925 & Sect 68 of the Evidence Act, 1872 is crucial.
“Mere fact that the Will was registered will not grant validity to the document”
the judgement iss not talking about registration of will but regression of sale deed..
why not with registered will.