News By/Courtesy: Badal Sikka | 24 Jan 2022 19:36pm IST

HIGHLIGHTS

  • The Madhya Pradesh High Court has observed that a revenue authority does not have the power to determine the validity of a will while considering an application for mutation.
  • The Will on the basis of which the mutation is sought, the same is objected, then no mutation can be done on the basis of Will.
  • Counsel for the respondent has opposed the arguments made by the Petitioner stating that the order passed by the Authorities on the basis of the Will is well reasoned and justified order.

The Madhya Pradesh High Court has seen that an income authority doesn't have the ability to decide the legitimacy of a will while thinking about an application for transformation. A Single-Judge Gwalior Bench of Justice Vishal Mishra, while discarding a request documented by Rajkumar Sharma, said "The request passed by the Authorities is terrible in law, as needs are, the equivalent is thusly suppressed. Likewise, a settled position Will is to be demonstrated by driving apt proof and the significant weight is on the propounder of the Will. In such conditions, the freedom is stretched out to the respondent to have the Will looked at by starting the procedures under the watchful eye of the Trial Courts." The request tested the request dated June 28, 2021, passed by the Additional Commissioner, Gwalior Division, whereby the request dated July 25, 2016, passed by the Upper Collector, Data, and request dated March 31, 2011, passed by the Sub-Divisional Officer, Bhander, District Datia have been subdued, in this way transforming the name of respondent in the Revenue Record. It is presented that upon the passing of Balikdas, respondents documented an application before the Tahsildar for entering their names in the Revenue Records based on Will.

The Petitioners additionally documented an application for change of their names over the said land-based on innate progression. In the event that, Petitioners need their names to be changed based on progression, then, at that point, they are needed to build up their progression under the Hindu Succession Act and simple passage in the Revenue Records, based on Will, he won't have title over the property being referred to. Direction for the respondent said that they are needed to get the title over the suit property as far as Section 8 of the Hindu Succession Act. He upholds the reprimanded request and has contended that the equivalent is a very much contemplated request and doesn't require any impedance in the Petition. He has appealed to God for excusal of the equivalent. Additionally Read: Court can't choose under PIL locale with regards to when a Hindu can execute will or a Muslim can commit property to the Waqf: Chhattisgarh HC The SDO has recorded the names of all the relatives just based on progression and which was asserted by the Additional Collector, however, the Additional Commissioner has saved the orders passed by the SDO just as Additional Collector and has coordinated for change based on the Will. It isn't questioned that the will be referred to isn't protested by the other party.

"The request passed by the Authorities is awful in law, as needs are, the equivalent is therefore subdued. Additionally, a settled position Will is to be demonstrated by driving relevant proof and the significant weight is on the propounder of the Will. In such conditions, the freedom is stretched out to the respondent to have the Will looked at by starting the procedures under the watchful eye of the preliminary Courts", the Court said while discarding the Petition.

Section Editor: Lucky Sinha | 14 Sep 2021 21:25pm IST

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Tags : #HIGH COURT #MADHYA PRADESH #JABALPUR #REVENUE #AUTHORITY #MUTATION #WILL #VALIDITY #INSPECTION

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