Beneficiary of Will has to seek declaration of his title from Civil Court of competent jurisdiction - Revenue authorities have no jurisdiction to mutate the name on basis of Will

Citation

AIROnline 2023 MP 210

Madhya Pradesh High Court GURPAL SINGH AHLUWALIA, J.

Miscellaneous Petition - 2664 of 2019 D/-9-2-2023

Satish Chander Sharma v. State of Madhya Pradesh

Madhya Pradesh Land Revenue Code (20 of 1959), S.109, S.110 - Mutation entry On basis of Will Validity - Application filed by respondent No.3 and 4 for mutation of their names on basis of Will executed by their mother Plea of petitioner that without hearing the petitioner the application was allowed and mutation cannot be effected on basis of Will If beneficiary wants to take advantage of Will then he has to seek declaration of his title from Civil Court of competent jurisdiction - Revenue authorities have no jurisdiction to mutate the name on basis of Will Direction issued to Tahsildar to mutate the names of all legal representatives and liberty granted to respondents No.3 and 4 to seek declaration of their title on the strength of Will by filing a Civil Suit before the Civil Court of competent jurisdiction. (Para 12)