Tehsildar cannot reject mutation applications based on Wills at threshold; however, disputes regarding Wills must be resolved in Civil Court before mutation can occur.

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 the will being subjected to a declaratory suit.

3. The Hon’ble Supreme Court in the case of Jitendra Singh Vs. State of M.P. reported in (2021) SCC OnLine SC 802 has taken a view that mutation on the basis of Will cannot be ordered by Revenue Authorities and that revenue record entry does not confer title on a person whose name appears in record of rights. It has been held that entries in revenue records or Jamabandi have only fiscal purpose i.e. payment of land revenue and no ownership is conferred on basis of such entries. Ultimately the Supreme Court held that the propounder of the Will has to approach the appropriate Civil Court to crystallize his rights on the basis of alleged Will and the view taken by the High Court was upheld by the Supreme Court. It was a case where the application for mutation was filed by the beneficiary of a will in the lifetime of testator and even the names of legal heirs were neither disclosed nor impleaded while the application for mutation was pressed on basis of a will. In that case, the Tehsildar recorded evidence of attesting witnesses as to validity of the will and carried out mutation.

4. Prior to the aforesaid order and also after the aforesaid order was passed, in a series of judgments, a view has been taken by the Single Benches and Division Benches of this Court that mutation on the basis of Will cannot take place by Revenue Authorities in any manner and that without the Will being proved before the Civil Court either in a civil suit or in probate/letter of administration proceedings, the propounder of the Will cannot maintain proceedings for mutation on agricultural land on the basis of Will. In this line of judgments, view has been taken by a Single Benches of this Court in WP No.11871/2021 (Rajkumar Sharma and others Vs. Manjesh Kumar), MP No.23/2021 (Kusum Bai Kori Vs. Ummedi Bai), MP No.5345/2019 (Avnish Kumar Vs. Satyaprakash), WP No.2578/2022 (Geeta Paliwal Vs. Sitaram) and by the Division Benches of this Court in WP No.16413/2024 (Bhagone @ Bhagwan Singh Patel (deceased) Through LRs and others Vs. State of M.P. and others), WA No.1466/2024 (Arun Kumar Sharma Vs. State of M.P.) and in the case of Harprasad Bairagi Vs. Radheshyam reported in 2022(1) MPLJ 414. In all the aforesaid judgments, it has been held that the Revenue Authorities cannot carry out mutation on the basis of Will and for a Will to constitute basis for mutation in revenue records, the parties propounding the Will and claiming rights on the basis of Will on the lands have to get the Will proved before the Civil Court by filing a civil suit or probate/letter of administration proceedings and only thereafter mutation can be carried out on the basis of Will. Further it has been held that in case where dispute is there as to validity or gen