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SUSHRUT ARVIND DHARMADHIKARI
Vijay Kumar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sushrut Arvind Dharmadhikari, J. - In this petition under Article 227 of the Constitution of India, the petitioner has assailed the legality, validity and propriety of the orders dated 14/11/2022 passed by the Commissioner whereby the orders passed Tahsildar and Sub-Divisional Officer have been set- aside. Earlier, Tahsildar and Sub-Divisional Officer had allowed the application under Sections 109 and 110 of M.P. Land Revenue Code, 1959, for mutation on the basis of registered will dated 30/12/2011 in favour of the petitioner and other brother executed by the petitioner's father namely-Late Dharmjeet Soni.
2. It is the contention of the learned counsel for the petitioner that the order passed by the Additional Commissioner is perverse since Tahsildar and Sub-Divisional Officer have concurrently decided the execution of will. If authority found any illegality in the order then the matter should have been remanded for adjudication but the Commissioner ignoring the registered will, allowed the mutation of names of all legal representatives which is contrary to the registered will, as such, impugned order deserves to be set-aside.
3. Heard learned counsel for the parties and peru
Revenue courts have no authority to determine the validity of a Will and mutation based on a registered Will cannot be adjudicated by the revenue courts.
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.
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....
Revenue authorities do not have jurisdiction to determine the genuineness of a will, and mutation does not confer any title on the property.
The main legal point established in the judgment is that revenue authorities have no jurisdiction to decide the correctness and genuineness of a 'Will' for the mutation of names in the revenue record....
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