Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
Mutation -- Grant of mutation on the basis of Will - Challenged on the basis of gift deed - In appeal order of mutation was set aside and mutation was ordered to be granted on the basis of gift deed - This order was set aside in Revision - Civil suit for cancellation of gift deed and injunction pending before Civil Court - Order passed in mutation proceedings will be..........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
Mutation -- On basis of Will - Mere fact that attesting witnesses have been examined, therefore, Will in itself is proved is not quite correct inasmuch as proof of Will is to be considered on regular side - In summary proceedings such as mutation cases where only a prima facie test is applied leaving contentious issues to be finally adjudicated on the regular side, it is..........
Mutation -- Writ petition against order passed in mutation proceedings - Court does not entertain petitions u/art 226 of Constitution emanating from mutation proceedings which are only summary in nature as no right or title is finally decided in such proceedings...........
Administrative authority -- Passing of order of injunction - Impugned order passed by Administrative authority during pendency of mutation proceedings as well as civil disputes is not sustainable in the eye of law, hence, set aside...........
Mutation -- Mutation entries are for fiscal purposes and cannot be treated as document of title...........
Mutation -- Mutation entries in revenue record are only for a fiscal purpose and does not create any title/ownership right in favour of person in whose name mutation entry has been made...........
Civil Procedure Code, 1908, Section 9, Rajasthan Tenancy Act, 1955, Section 207 -- Jurisdiction of civil Court - Suit for declaration of a tenant's right - Comes under third schedule of Act of 1955 - However, a suit for determination of legal heirs does not - Before approaching Revenue Authorities, for mutation, parties to approach Civil Court of competent jurisdiction, to..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Exclusion of one property - Property in question is in exclusive possession of defendant no.13 - It is a long and continuous possession from the date of purchase in the year 1977 and 1983 - Mutation of records stands in the name of defendant no.13 - More so, claim of plaintiff in respect..........
