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It is no longer necessary to register a will in Uttar Pradesh. Allahabad High Court has abolished this law. Now it will definitely not be needed. Along with this, the court has also canceled the Amendment Act of 2004. The High Court has canceled sub-section 3 of Section 169 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. The High Court has termed this amendment law as contrary to the Indian Registration Act. The then government had made registration of wills mandatory from 23 August 2004. At the same time, now the High Court has said that if the will is not registered then it will not be invalid.
Let us tell you that this order has been given by the division bench of Justice Siddharth Verma and Justice Ajit Kumar. The division bench has given this order while disposing of the reference sent by the Chief Justice.
High Court gave its decision on this issue
In fact, in the Shobhanath case, the High Court has said that after the implementation of the law, registration of the will has become necessary. But in Jahan Singh case it was said that the will becomes effective after death. Therefore it should be registered at the time of presentation itself. A request was made to correct the single section reference to remove this confusion. Disposing of this, the division bench has returned the petition to the single bench. Advocate Anand Kumar Singh argued the petition. During the hearing of the petition, the court modified the reference and gave its decision on the original issue. After this decision, it will not be necessary to register the will in the state.
Know what is called will
This is a legal document. In which the name of one or more persons is written. The person in whose name a will is made inherits the property and business of the person who made the will. The person who has made a will. He can get it canceled at any time in his life or even change it in someone else's name.
How is a will registered?
The will can be prepared on plain paper. But to avoid doubt on its genuineness, it can also be registered. If a person wants to get his will registered, he has to go to the sub-registrar office along with witnesses. Many districts have sub-registrars who help register wills. Once the legal evidence is registered, the Will becomes a strong legal evidence.