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SURESH KUMAR KAIT, S. A. DHARMADHIKARI, VIVEK JAIN
Anand Choudhary – Appellant
Versus
State of M. P. – Respondent
Based on the provided legal document, the key points regarding mutation of land records based on a will are as follows:
The mutation process under sections 109 and 110 of the Madhya Pradesh Land Revenue Code (MPLRC) is an administrative act and does not perform judicial or quasi-judicial functions (!) (!) .
The Tehsildar can entertain applications for mutation based on a will, but must first inquire about the legal heirs of the deceased and provide notice to them, in accordance with section 110(4) (!) (!) .
Disputes concerning the validity or genuineness of a will, including disputes over the testator's competence or the existence of rival wills, involve rights recorded in the record of rights and are thus within the domain of civil courts. Revenue authorities, including the Tehsildar, have no jurisdiction to decide such disputes (!) (!) .
In cases where disputes arise regarding the validity of a will or the rights of private parties, the Tehsildar must refer the matter to civil courts and cannot proceed with mutation until the dispute is resolved or reported to the Collector (!) (!) .
The procedure for mutation is summary and does not include the power to examine or decide the validity of a will or other registered title documents. Therefore, a will must be proved in a civil court before mutation based on it can be effected (!) (!) .
In undisputed cases where no challenge is raised by legal heirs or other interested parties regarding the validity of the will, the Tehsildar may carry out mutation. However, even in such cases, civil proceedings can still be initiated subsequently (!) .
If a dispute concerning the validity or authenticity of a will or the testator’s capacity arises, the party claiming rights based on the will must approach a civil court for proof, such as probate or a declaration of rights. Revenue authorities cannot decide such disputes or conduct evidence proceedings related to the validity of the will (!) (!) .
The law emphasizes that mutation entries are for fiscal purposes and do not confer ownership or title. They are presumed correct until proven otherwise, and disputes involving rights or ownership must be settled through civil courts (!) (!) .
In cases where issues of government interest or restrictions on transfer apply, the Tehsildar may exercise wider jurisdiction to decide questions related to government rights or restrictions but cannot adjudicate on the validity of the will itself (!) (!) .
Overall, the legal framework mandates that the validity and genuineness of a will must be established in civil courts. Revenue authorities, including Tehsildars, are limited to administrative functions and cannot determine disputed questions of testamentary or proprietary rights (!) (!) .
These points collectively clarify that mutation based on a will, especially in disputed cases, requires civil court proceedings for proof and validation. Revenue authorities are not empowered to decide on the validity of wills or to conduct evidentiary inquiries into disputed testamentary documents.
ORDER
Per: Hon'ble Shri Justice Vivek Jain
1. The matter relates to mutation on agricultural land on the basis of Will. A Single Bench of this Court vide order dated 7.10.2023 has referred the matter for consideration by a Larger Bench of this Court on the following question:-
“As to whether, Tehsildar can reject the application of mutation, at threshold, on the ground that it is based upon 'Will' taking aid from the decisions previously rendered without considering the provisions of rules viz. Madhya Pradesh BhuRajsav Sanhita (BhuAbhilekhon Mein Namantaran) Niyam, 2018 framed by the State Government vis-a-vis mutation.”
2. The requirement of reference has been necessitated on the basis of position that there are divergent opinions of different benches of this Court in the matter of mutation on the agricultural land to be made on the basis of Will, without the Will being proved in a Court of law or without getting a Probate or Letter of Administration for the said Will issued in terms with relevant provisions of Indian SUCCESSION ACT , or without the will being subjected to a declaratory suit.
3. The Hon’ble Supreme Court in the case of Jitendra Singh v. State of M.P. reported in 202
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The only case mentioned, Anand Choudhary (supra), is cited as a precedent by the Full Bench of this Court, but there is no indication within the provided excerpt that this decision has been questioned, overruled, or criticized in subsequent rulings. Therefore, based on the information available, no case is identified as bad law.
Followed:
The case of Anand Choudhary is cited as a precedent by the Full Bench of this Court, indicating that it is being followed or relied upon in the current context. The phrase "has held as under" suggests that the court is referencing or applying the legal principles established in that case.
Uncertain Cases:
None of the cases in the provided list show explicit language that indicates a treatment such as distinguished, criticized, questioned, overruled, or reversed. The list contains only a single case reference with no further judicial treatment described.
The treatment of the case of Anand Choudhary is not fully detailed beyond its citation. There is no information on whether subsequent courts have upheld, distinguished, criticized, or questioned this decision. Without additional context, its judicial treatment remains uncertain.
**Source :** Arvind Dwivedi (Died) Through LRs Smt. Asha VS Naval Kishore - Madhya Pradesh
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.
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.
(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....
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.
Title can be acquired by virtue of Will and name can also be mutated in revenue records irrespective of fact as to whether there is any rule in that regard or not.
The mandatory reporting of acquisition of legal right and interest within 6 months, the jurisdiction of revenue courts in mutation proceedings, and the principle of estoppel were central legal points....
The main legal point established in the judgment is that mutation proceedings are administrative in nature and do not determine the rights or interest of the parties. The right or title in the proper....
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