Case Note & Summary
The petitioners, legal heirs of late Sebastiao Gracias, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to register a Will allegedly executed by the deceased and to issue a succession certificate. The petitioners claimed that the Will was executed in their favor and that the respondents, including family members and government authorities, were obstructing their rights. The court examined the provisions of the Registration Act, 1908, and the Indian Succession Act, 1925. It noted that under the Registration Act, a Will can only be registered during the lifetime of the testator, as the executant must admit execution before the registering officer. After the death of the testator, no registration is possible. Further, the court observed that a succession certificate can only be granted by a civil court under Part X of the Indian Succession Act, 1925, and not by any administrative authority. The court also held that a writ petition under Article 226 is not maintainable for adjudicating disputed questions of title and succession, as these require a full-fledged trial with evidence. The court dismissed the petition, leaving the petitioners to seek their remedies before the appropriate civil court.
Headnote
A) Registration Act, 1908 - Registration of Will after death of testator - Not permissible - The court held that a Will cannot be registered after the death of the testator as the executant is not available to admit execution, and the registering authority has no power to register a Will posthumously. (Paras 1-10) B) Succession Act, 1925 - Succession Certificate - Issuance by civil court only - The court held that a succession certificate can only be granted by a civil court under Part X of the Indian Succession Act, 1925, and not by a registering authority or through a writ petition. (Paras 1-10) C) Constitution of India, 1950 - Article 226 - Maintainability of writ petition for disputed questions of title - Not maintainable - The court held that a writ petition under Article 226 is not the appropriate remedy for adjudicating disputed questions of title and succession, and the petitioners must approach the civil court for appropriate relief. (Paras 1-10)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable for directing the registration of a Will after the death of the testator and for issuance of a succession certificate by the registering authority.
Final Decision
The petition is dismissed. The petitioners are at liberty to approach the civil court for appropriate relief regarding the Will and succession certificate.
Law Points
- Registration of Will after death of testator is not permissible under the Registration Act
- 1908
- Succession Certificate cannot be issued by registering authority
- Writ petition under Article 226 not maintainable for disputed questions of title and succession
- Remedy lies before civil court for declaration and succession certificate.
