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VISHAL DHAGAT
Rajdeep Kapoor – Appellant
Versus
Mohd. Sarwar Khan – Respondent
ORDER
1. Petitioner has filed this misc. petition calling in question order passed by Additional Commissioner, Bhopal dated 27.11.2019 by which order passed by SDO and Naib Tahsildar dated 15.2.2019 and 15.1.2018 was set aside and application for mutation filed by Mohd. Sarwar Khan was allowed.
2. Brief facts of the case are as under : –
Respondent Mohd. Sarwar Khan filed an application under sections 109 and 110 of M.P Land Revenue Code, for mutation of his name on land bearing Survey number 288, measuring 7.350 Ha. situated in Village Sagoni Kalan, Tehsil Hazur, District Bhopal, MP. Application for mutation was filed on the ground that late Dr. Harwant Singh Kapoor had executed a ‘Will’ on 13.5.1988 in favour of respondent Mohd. Sarwar Khan. On the basis of said ‘Will’ respondent Mohd. Sarwar Khan is in possession over the land and is doing agriculture over it. Since testator had died, therefore, land may be mutated in the name of legatee. Learned Naib Tahsildar by order dated 15.1.2018 dismissed the application for mutation on the ground of delay. Naib Tahsildar held that ‘Will’ was executed on 13.5.1988 and thereafter testator had died on 29.6.2012. Application for mutation has
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....
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
(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....
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.
Mutation proceedings under the U.P. Land Revenue Act do not confer title, and jurisdiction to decide title issues lies solely with civil courts.
Mutation proceedings under the Land Revenue Act are summary in nature and do not confer title; aggrieved parties must seek resolution in civil courts.
The main legal point established in the judgment is that mutation on the basis of a Will is not maintainable and falls within the domain of the civil court. Revenue authorities have a duty to ensure ....
Jurisdiction of revenue authorities to adjudicate the correctness and genuineness of a 'Will' for mutation of name.
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