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2025 DAILYLAW 135582 (ALL)

SHAMA PARVEEN v. STATE OF U.P. THRU. PRIN. SECY. STAMP AND REGISTRATION DEPTT. LKO. AND OTHERS

WRIC/3832/2025 · 2025-04-28

Attau Rahman Masoodi, Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24397-DB Court No. - 1 Case :- WRIT - C No. - 3832 of 2025 Petitioner :- Shama Parveen Respondent :- State Of U.P. Thru. Prin. Secy. Stamp And Registration Deptt. Lko. And Others Counsel for Petitioner :- Sayyed Farooq Ahmad,Afzal Ahmad,Vinod Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J. 1. The present writ petition seeks a writ of mandamus directing the opposite party no. 3 to register the will dated 5.6.2024. 2. It is averred in the writ petition that despite the petitioner having presented herself in person before the office concerned, the will presented by her was not registered in view of the provision of Section 41 of the Registration Act, 1908. 3. We also take note of the mandate of Section 71 of the aforesaid Act which empowers the Sub-Registrar to refuse to register a document by passing a reasoned order. 4. We accordingly permit the petitioner to present herself in the office of the Sub-Registrar and in case the will, as alleged, is presented for registration, necessary action in accordance with law be taken by the Sub-Registrar in terms of the relevant provisions of law i.e. Section 41 read with Section 71 of the Registration Act, 1908. 5. The writ petition is accordingly disposed of. ( O.P. Shukla, J. ) ( A. R. Masoodi, J. ) Order Date :- 28.4.2025 Fahim/- Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench