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Wills on agricultural holdings in Uttar Pradesh not required to be registered: Allahabad High Court

The Court rejected the argument to only read down the provision in question and said the enactments regarding agriculture reforms must particularly be seen in the background of socio-economic conditions of villagers living largely in remote areas.

While referring to a NITI Aayog report which stated that 38 percent of total population in Uttar Pradesh is multidimensionally poor as they lack good health, education and standard of living, the Court said,

“We sitting in Kaval towns and metropolis with multiplexes, Star hotels and high rise buildings, cannot even imagine in what condition majority of State population lives in small towns and villages. We have in fact no idea as to the magnitude of monetary poverty and the lack of basic education and health infrastructure in our rural areas.”

Though the court acknowledged that the provision for compulsory registration of wills had been brought with an intent to minimise this fraud against poor farmers, the Court said,

“However, one cannot ignore the flip-side of this as there can equally be a case where a registered document is executed in suspicious circumstances, which if proved, would ultimately render the registered document void.”

Source: Barandbench

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