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RAJENDRA KUMAR IV
Baiyant Singh – Appellant
Versus
Paramjeet Kaur – Respondent
ORDER :
Challenge is made to the orders dated 12-1-2022 and 10-3-2022 passed by Additional Commissioner, Gwalior in case No. 1020/2020-21/Appeal and Case No. 45/2021-22/Review, order dated 18-2-2021 passed by Sub-Divisional Officer (Revenue), Ashoknagar in Case No. 05/Appeal/2020-21 and order dated 16-6-2020 passed by Tahsildar, Ashoknagar in Case No. 0080/A-6/2020-21.
2. It appears that an application under sections 109, 110 of MPLRC was filed by the respondent-Paramjeet before the Tehsildar, Ashoknagar seeking mutation of her name in the revenue record on the basis of Will of Trilok Singh. The Tehsildar adjudicated the Will and found it to be genuine and passed an order dated 16-6-2020 (Annexure P-1) directing the authorities to record the name of applicant. Thereafter, the petitioners preferred an appeal before the SDO, which too has been dismissed vide order dated 18-2-2021 (Annexure P-2) on merits. Aggrieved by the order dated 18-2-2021 passed by the SDO, petitioners preferred an appeal before the Additional Commissioner, which has been dismissed vide order dated 12-1-2022 (Annexure P-3). Thereafter, petitioners preferred a review petition before the Additional Commissioner, whi
Revenue authorities lack jurisdiction to decide on the validity of a Will; such matters must be adjudicated by civil courts.
Revenue authorities cannot mutate property based on a Will; such matters must be adjudicated by a civil court.
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....
Revenue authorities do not have jurisdiction to determine the genuineness of a will, and mutation does not confer any title on the property.
(1) Mutation entry does not confer any right, title or interest in favour of person and mutation entry in revenue record is only for fiscal purpose.(2) Title of property can only be decided by a comp....
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