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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
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 Niya
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.
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.
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.
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.
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....
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