Will -- Secondary evidence - Mutation sanctioned on the basis of Will produced by one A.S. - Petitioner asked A.S. to produce Will - A.S. denied the existence of Will - Plaintiff apart from claiming property on the basis of inheritance is also challenging mutation which was entered in pursuance of the Will - Loss of Wills stands proved - Held, petitioner is entitled to..........
Will -- Suspicious circumstances - (1) Neither original Will produced nor the loss thereof proved (2) Will registered after three years of its execution (3) Thumb impressions of testator on the Will not got compared with the admitted or his standard thumb impression (4) Original Will not even produced before Revenue authorities who sanctioned mutation on the basis of Will..........
Mortgage -- Redemption - If on payment of the mortgage amount the mortgagors entered into possession, it would be deemed to be a case of redemption of the mortgage irrespective of any mutation...........
Consent decree -- If the decree is an outright act of concoction and forgery, sanction of the mutation would not validate the act of fraud...........
Transfer of Property Act, 1882, Section 123 -- Gift, acceptance of- Donor himself appeared before Revenue Officer in mutation proceedings and admitted execution of gift-deed and delivery of possession - Donee in possession of gift-deed throughout - Cannot be said that gift not accepted by donee during life-time of donor - Delivery of possession will be one piece of..........
East Punjab Utilisation of Lands Act, 1949, Section 7, 5 -- Entries as per revenue record show land taken over by Collector under the Act, name of owner of land recorded in revenue record, allotment letter, mutation recording allotment, Rapat Roznamcha and Jamabandi entries clearly show that lessee entered on the land for specified period under the Act - Even if regular..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12, 8 -- Land declared surplus with landowner under Punjab Security of Land Tenures Act - Surplus area never utilised nor landowner dispossessed therefrom till death of landowner on December 22, 1972 - Widow of landowner filed necessary declaration and Prescribed Authority declared that no land Surplus - Naib Tehsildar..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Revenue Officer has no option but to rely on registered Will - Not the function of Revenue Officer to adjudicate upon intricate question of genuineness or otherwise of registered Will - Such a question should be left to Civil Court to decide...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Dispute between u, registered Will and registered Will - Un - registered Will executed subsequent in point of time- Mere recital in u, registered Will that registered Will had been cancelled - Cannot conclusively prove execution of u, registered Will - Only goes to prove..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Dispute between u, registered Will and registered Will - Un - registered Will executed subsequent to registered Will - Mere fact that u, registered Will executed later in point of time- No ground to hold u, registered Will as a genuine document- U, registered Will..........
