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GURPAL SINGH AHLUWALIA
Krishna Bahadur Singh S/O Devidatt Singh Bisen – Appellant
Versus
State Of Madhya Pradesh Through The Secretary, Revenue Department – Respondent
ORDER :
By this common order, W.P. No.17922/2015, W.P. No.1676/2016 and W.P. No.12590/2016 shall be disposed of.
2. In W.P. No.17922/2015, following relief(s) has been claimed :
(ii) This Hon'ble Court may kindly be further pleased to command the Sub Registrar, Headquarter Tikamgarh (Respondent No.4) to register the sale-deed submitted by the petitioner.
(iii) Any other relief which this Hon'ble Court finds the petitioner entitled to be also granted.
(iv) Cost of the petition."
3. Whereas, in W.P. No.1676/2016, following relief(s) has been claimed:-
(ii) Hon'ble Court be pleased to issue a writ in the nature of Certiorary quashing the impugned order dt.28/2/2014 passed by the Divisional Commissioner Sagar and the orders dt.17/4/2015 and 1/9/2015 passed by the Board of Revenue as ex-facie arbitrary and illegal.
(iii) Hon'ble Court be further pleased to affirm
Revenue authorities cannot decide title based on a Will; such matters must be adjudicated in civil courts, and the authenticity of a Will must be proven for mutation.
A Will must be duly proved as per legal requirements before it can authorize mutation in revenue records; revenue authorities lack jurisdiction in title matters.
A will must be legally proved before names can be mutated in revenue records; the authority to adjudicate on its authenticity lies only with civil courts.
Jurisdiction of revenue authorities to adjudicate the correctness and genuineness of a 'Will' for mutation of name.
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.
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