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KAUSER EDAPPAGATH
Babu R – Appellant
Versus
State Of Kerala, Represented By Secretary To The Government, Department Of Revenue – Respondent
JUDGMENT :
Kauser Edappagath, J.
This bunch of writ petitions deal with the scope and nature of the enquiry to be undertaken by the Revenue Officers under the Transfer of Registry Rules, 1966 (for short, ‘TR Rules’) regarding the transfer of revenue registry (mutation) due to testamentary succession.
2. The petitioners in all the writ petitions are legatees claiming right over the property on the strength of the Will executed by the testator/testatrix in their favour. They are aggrieved by the rejection/non-consideration of their applications for effecting mutation of the property covered by the Will in their favour by the Village Officer concerned either on the ground of the pendency of the civil suit challenging the Will or on the ground of the objection of the natural legal heirs.
3. I have heard Sri.Priyesh Kumar M.P., Sri.Vinod Bhat S., Sri.Mohanlal B., Sri.Lindons C. Davis and Sri.Sanil Jose, the learned counsel for the petitioners, Sri.Jacob Sebastian, the learned counsel for the 5th respondent in WP(C) No.21759/2024, Sri.V.M.Krishnakumar, the learned counsel for the 3rd respondent in WP(C) No.22548/2024 and Smt.Vidya Kuriakose, the learned Government Pleader.
4. The submissions
Revenue Officers cannot adjudicate on the genuineness of Wills; legal heirs must be notified before transferring registry based on a Will.
The main legal point established in the judgment is that mutation proceedings are administrative in nature and do not determine the rights or interest of the parties. The right or title in the proper....
(1) Mutation – There is no bar for seeking mutation based on a Will – However, in a case of serious dispute regarding validity/genuineness of Will, appropriate course for parties would be to approach....
The Revenue Court has no jurisdiction to decide the genuineness of a Will, and only the Civil Court can determine the genuineness of a Will.
Mutation proceedings under U.P. Revenue Code do not determine title or confer ownership; such matters are subject to civil court adjudication, and petitions against mutation orders are generally not ....
The court established that authorities are not restricted from processing mutation applications due to pending civil suits, influencing the handling of property rights.
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