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MILIND RAMESH PHADKE
Anil Kumar – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition under Article 227 of the Constitution of India has been filed against the order dated 11.10.2022 passed by SDO, Ambah, District Morena passed in Case No.0005/2022-23, whereby while dismissing the appeal, the order dated 11.03.2022 passed by Tehsildar Ambah District Morena in case no.2015/A-6/2021-22, whereby an application for mutation of the petitioner in the revenue records on the basis of the Will was dismissed, was affirmed.
2. Brief facts of the case are that the petitioner, respondent No.5 and 6 are the sons of Late Shri Kailash Chandra Agarwal, respondent No.10 is the daughter, respondent no.4 is the wife, respondent No.7 and 8 are the daughtersin-law and the respondent No.9 is the grand son of Late Shri Kailash Chandra Agarwal. Late Shri Kailash Chandra Agarwal was having property situated at Ambah District Morena and had executed a Will in favour of the respondents No.4 to 9 and the petitioner and divided the share as his choice on 12.04.2021. Shri Kailash Chandra Agarwal expired on 3.5.2021 and after his death the Will came into force. The petitioner, thereafter, moved an application before Tehsildar Ambah District Morena and the same was regis
(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....
Mutation entries confer no title; true rights must be established in civil court, even when a will is claimed.
Revenue authorities do not have jurisdiction to determine the genuineness of a will, and mutation does not confer any title on the property.
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