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2025 DAILYLAW 91898 (ALL)

YASHODA DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/30640/2025 · 2025-09-10

Arun Kumar, Manoj Kumar Gupta

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30640 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner has prayed for a direction to the respondents to register the will dated 29.12.2017 executed by her son Amit Singh in favour of the petitioner. 2. The case of the petitioner is that he has presented the will for registration and has also deposited the requisite fee but the will has not been registered, so far. 3. The submission of learned counsel for the petitioner is that under Section 40 of the Indian Registration Act, 1908, a will can be presented for registration, even after the death of testator. 4. Sub-Registrar, Bhatparrani, District Deoria has provided written instructions and in which the stand taken is that subject to satisfaction of the factors stipulated in sub-section (2) of Section 41 of the Registration Act, he would register the will. 5. In view of the aforesaid stand, we are of the opinion that the cause does not survive. The petitioner may appear before the Sub-Registrar on such date, as may be fixed by the Sub-Registrar, within a week of filing of copy of the instant order. 6. Accordingly, the writ petition stands disposed of. September 11, 2025 Anil Versus Counsel for Petitioner(s) : Akhilesh K. Dwivedi Counsel for Respondent(s) : C.S.C. (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Yashoda Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad