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Checking relevance for Bajrang Factory LTD. VS University of Calcutta. ...
Checking relevance for Delhi Development Authority VS Vijaya C. Gurshaney With Nanak Chand...
2003 6 Supreme 274 : Under the terms of the perpetual lease deed, a transfer of title to a legatee (or any transferee) is not permitted without the prior written consent of the lessor (DDA). The lease deed explicitly prohibits the lessee from selling, transferring, or parting with possession of the property except under specific conditions, including obtaining the lessor''''s written consent. Furthermore, clause 8 of the lease deed mandates that any transfer must be notified to the lessor in writing within three months. The respondent (legatee) failed to comply with these conditions, including obtaining consent and giving notice. Therefore, mutation of khatha (land record) in the legatee''''s name cannot be granted solely based on a registered will and letters of administration, as the lease deed imposes binding restrictions that override such a transfer unless the prescribed conditions are met. The High Court''''s order allowing mutation was set aside as it ignored these contractual terms.Checking relevance for Gangajal Kunwar VS Sarju Pandey (Dead) By L. Rs...
Checking relevance for Shambhu Prasad Agarwal VS Bhola Ram Agarwal...
Checking relevance for Mangluram Dewangan VS Surendra Singh...
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Checking relevance for RAJA KEESARA VENKATAPPAYYA (SINCE DECEASED) VS RAJA NAYANI VENKATA RANGA ROW...
Checking relevance for M. R. Mohan Kumar S/o Rangappa @ Ranganna VS Nil...
2024 0 Supreme(Kar) 59 : Yes, as per the registered will, khatha can be changed in the name of a legatee. The court held that even in the absence of an executor named in the Will, the beneficiary (legatee) can seek probate and obtain a succession certificate, which enables the transfer of khatha. This was affirmed in the judgment where the court allowed the appeal and granted probate/Succession Certificate in favor of the appellants (legatees), stating that the appointment of an executor is not the sole criterion for granting probate, and other persons, including beneficiaries, could also seek probate depending on the circumstances under the Indian Succession Act, 1925.Checking relevance for M. R. Mohan Kumar VS Nil...
M. R. Mohan Kumar VS Nil - Current Civil Cases (2024)
: Yes, as per the registered will, khatha can be changed in the name of the legatee. The court held that there is no impediment under Section 276 or any other provision of the Indian Succession Act, 1925, for granting a probate or succession certificate, and the registered will, having been duly proved under Sections 63 and 68 of the Evidence Act and Succession Act, 1925, entitles the legatees to the transfer of khatha. The court allowed the appeal and granted probate/succession certificate in favor of the appellants (legatees), confirming that the khatha can be transferred in their name based on the registered will.Checking relevance for Mujibur Rehman Haji Israr Alam Siddiqui VS Noorjahan Begum Haji Israr Alam Siddiqui...Checking relevance for Nikhil Nanda vs State of NCT of Delhi...
Checking relevance for Kunjumon Shivarajan Panicker (since deceased) Deepika S. Panicker VS Chandravadan Pranlal Doshi...
2023 0 Supreme(Bom) 502 : The legal heirs of a deceased legatee/beneficiary under a will are entitled to pursue proceedings to claim properties allegedly bequeathed to the deceased, and proceedings for grant of probate can be converted into proceedings for issuance of Letters of Administration with will annexed. This allows the legal representatives of a legatee to continue the proceedings and seek administrative rights over the estate, which includes the right to have the khatha (mutation) records updated in their name, as the legatee''''s interest in the property is inheritable by their legal heirs.Checking relevance for Manav Pabbi VS Krisha Kishore Sahnan...
2022 0 Supreme(P&H) 1085 : Yes, as per the legal principles established in the judgment, a legatee can have the probate petition amended to one for letter of administration, and this amendment can lead to the change of khatha (mutation of land records) in their favor. The court held that when a legatee (such as Matadin Agarwal) files a probate petition for a registered will, their heirs may seek amendment of the petition to one under Section 278 for grant of letter of administration, especially when the purpose is the same—establishing legal rights over the estate. The Supreme Court emphasized that such amendments are permissible in the interest of justice, particularly when no prejudice is caused to the opposite party, and that the proceedings are not strictly civil suits, allowing courts to avoid technicalities. Therefore, if the deceased’s will is registered and the legatee’s heirs have a legitimate claim, khatha can be changed in their favor through such an amendment, even if the original petition was filed under Section 276 (probate) instead of Section 278 (letter of administration).
