Or. 6 Rule 17 CPC | A Suit Cannot be Converted into a Fresh Litigation – Amendment Cannot Introduce a New Cause of Action: Andhra Pradesh High Court Government Cannot Withhold Retirement Without Formal Rejection Before Notice Period Expires: Delhi High Court Drug Offences Threaten Society, Courts Must Show Zero Tolerance : Meghalaya High Court Refuses Bail Under Section 37 NDPS Act Bail Cannot Be Denied Merely Due to Serious Allegations, Unless Justified by Law: Kerala High Court When Law Prescribes a Limitation, Courts Cannot Ignore It: Supreme Court Quashes Time-Barred Prosecution Under Drugs and Cosmetics Act Issuing Notices to a Non-Existent Entity is a Substantive Illegality, Not a Mere Procedural Lapse: Bombay High Court Quashes Income Tax Reassessment Notices Termination Without Verifying Evidence is Legally Unsustainable: Allahabad High Court Reinstates Government Counsel Luxury for One Cannot Mean Struggle for the Other - Husband’s True Income Cannot Be Suppressed to Deny Fair Maintenance: Calcutta High Court Penalty Proceedings Must Be Initiated and Concluded Within The Prescribed Timeline Under Section 275(1)(C): Karnataka High Court Upholds ITAT Order" Landlord Entitled to Recovery of Possession, Arrears of Rent, and Damages for Unauthorized Occupation: Madras High Court Supreme Court Slams Punjab and Haryana High Court for Illegally Reversing Acquittal in Murder Case, Orders ₹5 Lakh Compensation for Wrongful Conviction Mere Absence of Wholesale License Does Not Make a Transaction Unlawful:  Supreme Court Quashes Criminal Proceedings Against INOX Air Products Stigmatic Dismissal Without Inquiry Violates Fair Process, Rules High Court in Employment Case Recruiting Authorities Have Discretion to Fix Cut-Off Marks – No Arbitrariness Found: Orissa High Court Charge-Sheet Is Not a Punishment, Courts Should Not Interfere: Madhya Pradesh High Court Dismisses Writ Against Departmental Inquiry Injunction Cannot Be Granted Without Identifiable Property or Evidence of Prima Facie Case: Karnataka High Court Fairness Demands Compensation Under the 2013 Act; Bureaucratic Delays Cannot Defeat Justice: Supreme Court Competition Commission Must Issue Notice to Both Parties in a Combination Approval: Supreme Court Physical Possession and Settled Possession Are Prerequisites for Section 6 Relief: Delhi High Court Quashes Trial Court’s Decision Granting Possession Hyper-Technical Approach Must Be Avoided in Pre-Trial Amendments: Punjab & Haryana High Court FIR Lodged After Restitution of Conjugal Rights Suit Appears Retaliatory: Calcutta High Court Quashes Domestic Violence Case Two-Year Immunity from No-Confidence Motion Applies to Every Elected Sarpanch, Not Just the First in Office: Bombay High Court Enforcing The Terms Of  Agreement Does Not Amount To Contempt Of Court: Andhra Pradesh High Court Quashes Contempt Order Against Power Company Officers Consent of a minor is immaterial under law: Allahabad High Court Rejects Bail Plea of Man Accused of Enticing Minor Sister-in-Law and Dowry Harassment False Promise of Marriage Does Not Automatically Amount to Rape: Supreme Court Quashes FIR Under Section 376 IPC Dowry Harassment Cannot Be Ignored, But Justice Must Be Fair: Supreme Court Upholds Conviction Under Section 498A IPC, Modifies Sentence to Time Served with Compensation of ₹3 Lakh Mere Presence in a Crime Scene Insufficient to Prove Common Intention – Presence Not Automatically Establish Common Intention Under Section 34 IPC: Supreme Court: Compensation Must Ensure Financial Stability—Not Be Subject to Arbitrary Reductions: Supreme Court Slams Arbitrary Reduction of Motor Accident Compensation by High Court

Mutation of Property on Basis of Will Requires Civil Court Validation, Rules Madhya Pradesh High Court

07 May 2024 8:19 AM

By: Admin


The court emphasizes the necessity of resolving disputed facts and obtaining a civil court declaration for will-based property mutations.

The High Court of Madhya Pradesh, presided over by Justice Gurpal Singh Ahluwalia, has dismissed a writ petition seeking the mutation of property based on a will. The court underscored the importance of resolving disputed facts and obtaining a declaration from a civil court to validate the will, thereby ensuring the proper transfer of property rights.

Varun Kumar Sonkar, a 25-year-old businessman from Jabalpur, filed a writ petition under Article 226 of the Constitution of India. He sought the court's intervention to have his name mutated in the revenue records for a property bequeathed to his late uncle, Dharmendra Sonkar, through a will executed by Phagulal Patel on June 28, 2012. Sonkar argued that since his uncle had died issueless, he was entitled to inherit the property based on the will. However, the petitioner’s father, Champalal Sonkar, is still alive, and no document of conveyance from Dharmendra Sonkar to the petitioner existed.

Disputed Facts:

The court highlighted two primary disputed facts:

The authenticity of the will executed by Phagulal Patel in favor of Dharmendra Sonkar.

Whether Dharmendra Sonkar died issueless.

Justice Ahluwalia noted that these disputes are substantial and require thorough examination by a competent civil court rather than a summary procedure.

Justice Ahluwalia referenced several key judgments that establish the legal framework for validating a will. He cited the Supreme Court's decisions, emphasizing that mutation of property based on a will does not confer title or ownership. Instead, such entries are meant for fiscal purposes only. The court cited the Supreme Court case of Jitendra Singh v. State of Madhya Pradesh, reinforcing that "mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title"​​.

Justice Ahluwalia remarked, "The propounder of a will must prove the document in accordance with law. Sections 67 and 68 of the Evidence Act prescribe the requirements and nature of proof which must be satisfied by the party who relies on a document in a court of law." He further asserted, "The revenue authorities have no jurisdiction to decide the genuineness of a will; this can only be done by a civil court."

The court meticulously discussed the principles of evaluating the validity of a will, pointing out that the party propounding the will must demonstrate its authenticity and address any suspicious circumstances surrounding its execution. The judgment reiterated that the mere presence of a will does not automatically entitle the beneficiary to property rights without proper legal validation.

The High Court's dismissal of the petition underscores the judiciary's commitment to ensuring proper legal processes are followed in property disputes involving wills. By affirming the necessity of civil court declarations for will validation, the judgment reinforces the legal framework governing property transfers. This decision is expected to have significant implications for future cases, ensuring that property rights are not conferred based solely on revenue record entries without thorough judicial scrutiny.

 

Date of Decision: May 22, 2024

Varun Kumar Sonkar vs. The State of Madhya Pradesh & Others

Similar News