ORDER

(Reserved on: 21/01/2025)

(Pronounced on:14/02/2025)

Per: Hon'ble Shri Justice Vivek Jain

The matter relates to mutation on agricultural land on the basis of Will. A Single Bench of this Court vide order dated 07/10/2023 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 (Bhu- Abhilekhon 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