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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudhir Mittal, J.
Sant Lal & Anr. – Appellants
Versus
The Commissioner, Gurugram Division, Gurugram Camp At Rewari & Ors. – Respondents
CWP-11428-2022
Decided On : 25-05-2022
Will - Inheritance Dispute - The court upheld the validity of a registered Will and allowed mutation on the basis of the Will, while also allowing the party claiming under the Will to file a civil suit to establish title.
Fact of the Case:
The petitioners, sons of Maha Singh, sought mutation on the basis of natural succession after being denied a share in the property due to a registered Will executed by Maha Singh in favor of four sons only.
Finding of the Court:
The Commissioner reversed the mutation order based on natural succession, finding the registered Will to be valid and non-suspicious, and allowed the party claiming under the Will to file a civil suit to establish title.
Issues: Dispute over inheritance rights based on a registered Will and natural succession, and the validity of seeking mutation on the basis of a Will.
Ratio Decidendi: The court held that seeking mutation on the basis of a Will does not confer title, and the party claiming under the Will has the remedy of establishing title by filing a civil suit.
Final Decision: The writ petition was dismissed as the court found no merit in the petitioners' claim for mutation based on natural succession.
JUDGMENT
Sudhir Mittal, J. (Oral) - The petitioners are two of the sons of Maha Singh whose inheritance is in dispute. Before his death Maha Singh had executed a registered Will in favour of four sons only. The petitioners had been denied any share in his property. After his death, the petitioners sought entry of mutation on the basis of natural succession whereas the other brothers sought an entry of mutation on the basis of the registered Will. The Assistant Collector 1st Grade sanctioned mutation on the basis of natural succession which order has been reversed by the Commissioner, Gurugram Division vide the impugned order.
2. A perusal of the impugned order shows that a finding has been returned that the registered Will is not suspicious at all. Exclusion of the petitioners therefrom was on the ground of pending criminal litigation with them. That apart, no other suspicious circumstance has been pointed out and, thus, the Will has been accepted. Liberty has also been given to the party claiming under the Will to file a civil suit and get the title decided.
3. Learned counsel for the petitioners submits that a party who claims on the basis of Will must approach the civil Court rather than seeking a mutation on the basis thereof. Reliance is placed upon judgment dated 06.09.2021 passed in SLP (C) No. 13146 of 2021 titled as Jitendra Singh vs. The State of Madhya Pradesh and others.
4. The aforementioned argument can not be accepted as Jitendra Singh (supra) does not lay down any law that a party claiming on the basis of Will can not seek a mutation on the basis thereof. The observation made in the said judgment is in the context of the fact that while allowing the writ petition the High Court had observed that a party seeking a mutation on the basis of Will has the remedy of getting title decided by approaching the civil Court. In this case also learned Commissioner, Gurugram has held that mutation does not confer title and that title can always be got decided by filing a civil suit.
5. In view of the above, the writ petition has no merit and is dismissed.
The validity of a registered Will and the remedy of establishing title through a civil suit when seeking mutation on the basis of a Will.
Mutation entries confer no title; true rights must be established in civil court, even when a will is claimed.
The main legal point established in the judgment is that probate is not required for Wills made by Mohammedians or Indian Christians under Section 213 of the Indian Succession Act, 1925, and that mut....
(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....
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