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2024 Supreme(MP) 619

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
GURPAL SINGH AHLUWALIA
Vijay Singh Yadav S/o Late Narayan Singh Yadav – Appellant
Versus
Krishna Yadav W/o Late Narayan Singh Yadav – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vipin Yadav, Raunak Yadav

Judgement Key Points

Based on the provided legal document, the following key points are relevant for understanding the legal position regarding mutation of property records based on a will:

  1. A will must be legally proved before the names of individuals can be mutated in revenue records. The authority to determine the authenticity and validity of a will lies exclusively with civil courts, not revenue authorities [paras 16, 24].

  2. While a title to property can be acquired through a will, the mutation of names based on a will requires that the will be duly proved in a civil court. Revenue authorities do not have the jurisdiction to adjudicate on the genuineness or execution of a will [paras 16, 24].

  3. The process of proving a will involves establishing that the testator signed the will, was of sound and disposing mind at the time of execution, understood the nature and effect of the dispositions, and signed the document voluntarily [paras 6, 8, 10, 12].

  4. Suspicious circumstances surrounding the execution of a will, such as unnatural dispositions, undue influence, or the testator's mental incapacity, impose a heavier onus on the propounder to prove the will's authenticity. All suspicions must be satisfactorily explained to dispel doubts [paras 12, 13, 14].

  5. The burden of proof lies on the person propounding the will, who must examine witnesses and remove all suspicious circumstances before the will can be accepted as genuine [paras 6, 8, 10].

  6. Revenue authorities are not empowered to decide on the validity or genuineness of a will; such matters are exclusively within the jurisdiction of civil courts. Therefore, mutation based solely on an unproved will is not legally permissible [paras 16, 24].

  7. Even if a will is registered, this does not exempt the petitioner from the requirement of legally proving the will before mutation. Registration alone does not establish the will's authenticity [paras 12, 16].

  8. The interpretation of the relevant rules and laws indicates that a will must be duly proved according to established legal standards before any mutation of property records can be effected. Acting on an unproved will contravenes the provisions of the Evidence Act and the law governing wills [paras 19, 20].

  9. The proper legal procedure involves civil litigation for title declaration based on a will, and revenue authorities should only proceed with mutation after such a declaration is obtained. Mutation without proper proof is not valid and can be challenged in civil courts [paras 16, 37].

  10. The manner in which the revenue authorities and officials handle such cases must adhere to the legal principles of proof and due process. Failure to notice all interested parties or to properly evaluate the evidence undermines the legality of mutation orders [paras 31, 33, 34].

In summary, mutation of property records based on a will requires that the will be duly proved in a competent civil court. Revenue authorities do not have the jurisdiction to decide on the authenticity of a will, and any mutation based on an unproved will is legally unsustainable. The proper course is for interested parties to seek a declaration of title through civil litigation before mutation can be legally effected.


ORDER :

1. This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:

    “(i) To issue a writ in the nature of certiorari order dated 15/6/2021 (Annexure P/5) and 17/1/2024 (Annexure P/6) may kindly be quashed.

    (ii) To issue a writ in the nature of mandamus Tehsildar may kindly be restrained to change the revenue entry on the basis of order passed by the Addl. Commissioner dated 17/1/2024.

    (iii) Any other writ or direction as the Hon’ble Court may deem fit in the circumstances of the case.”

2. It is submitted by counsel for petitioners that as per the M.P. Bhu-Rajaswa Sanhita (Bhu-Abhilekhon main Namantaran) Niyam, 2018 (In short ‘Niyam 2018’) the name can be mutated in the revenue records on the basis of Will, therefore, revenue authorities are well within their rights to direct the mutation of names on the basis of Will.

3. Considered the submissions made by counsel for petitioners.

4. There is no doubt that a title can be acquired by virtue of Will and once the title can be acquired, then the name can also be mutated in the revenue records irrespective of fact as to whether there is any rule in that regard or not? Even otherwise as per Niyam, 20

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