The Kerala High Court, in its ruling, clarified that under the Registration Act, a registered document, including a will, can only be cancelled by the registration authorities in cases of false impersonation. The Court emphasized that the power to cancel a registered deed lies with the registration authorities solely on grounds of false impersonation for executing a will.
Interpretation of Registration Act: Kerala High Court’s Ruling on Cancelling Registered DeedsIn a recent ruling, the Kerala High Court provided clarity on the powers granted to registration authorities under the Registration Act, particularly concerning the cancellation of registered deeds, such as wills. Justice Viju Abraham delved into the provisions of Section 83A of the Registration Act to elucidate the circumstances under which a registered document could be cancelled by the registration authorities.The crux of the court’s interpretation lies in the understanding that the registration authorities, namely the Inspector General of Registration, possess the authority to cancel a registered document only upon establishing false impersonation. According to the Court, this power is exercised when someone falsely assumes another’s identity, presents themselves as such, admits to the execution of a document, and procures its registration by a registering officer. Crucially, the existence of such a registered document must be detrimental to the interests of another individual for cancellation to be warranted under Section 83A.Illustrating the application of this legal principle, the Court addressed a case where the mother of the first petitioner had registered a will in his favor. Subsequently, upon her demise, the husband of the testatrix revoked the original will and registered a new will in favor of other children. The petitioners sought recourse through a writ of certiorari to quash the registration of the new will.However, the respondents argued against the maintainability of a writ petition under Article 226 of the Constitution for challenging the validity of a will. They contended that the testatrix’s husband possessed the authority to revoke the first will due to the petitioners’ alleged neglect.In response, the Court emphasized that matters pertaining to the interpretation of the will’s contents, specifically regarding the husband’s authority to execute a new will, fall within the purview of a civil court and not a writ proceeding.Drawing on precedents established by the Apex Court in cases such as Satya Pal Anand v. State of M.P. and others (2016) and Sivadasan v. Sub Registrar, Malappuram and others (2019), the Kerala High Court underscored a fundamental legal principle: once a document is registered, the registering authority lacks the jurisdiction to unilaterally cancel its registration, irrespective of any irregularities that may have occurred during the registration process.Instead, the Court affirmed that a competent civil court retains jurisdiction to adjudicate on the validity of a will challenged on the basis of such irregularities, adhering to established legal precedents and procedural norms.In conclusion, the Kerala High Court’s ruling reaffirms the significance of adherence to legal procedures and underscores the role of civil courts in adjudicating disputes concerning the validity of registered documents, particularly wills, in accordance with the provisions of the Registration Act and established legal principles.