The News Report “Wll invalid unless signed by 2 witnesses
& registered : SC” published in the "TRIBUNE" ,March 30, 2013 purportedly to the effect that Supreme court
of India held that any will not signed by two witnesses and un-registered was
“only a piece of paper in the eyes of law, having no legal effect” is factually
and legally wrong and is the brainchild of serious misquotation of the clear
& unambiguous dictum of Hon’ble Supreme Court on the part of legal
correspondent. The question before the
Supreme Court was whether the alleged document
was a will or in the nature of transfer of property. The Court held that “it was neither in the
nature of a Will nor in the nature of transfer of the property because the said
writing was neither registered as required under the provisions of the Indian
Registration Act, 1908 (as it must have been so in case of transfer of
immovable property of the value of one hundred rupees and upward, S. 17(1)(b)
of the Registration Act, 1908) nor was attested by two witnesses as it should
have been done, had it been a Will.”
It is to be
noted that as per section 18 (e) of the said Act the registration of will is
optional and Supreme Court of India nowhere throughout the judgment
discountenanced it. The record needs to be put straight by publishing a necessary corrigendum and clarification so that public
at large is not misinformed & misled by such erroneous and preposterous
news report particularly in the back drop that news report carried in this
esteemed daily are taken with utmost earnestness and credibility.
Posts
