Transfer of Property Act, 1882, Section 54, 8 -- Registered sale deed - Mutation - Not necessary to vest title in the purchaser - Title passes in favour of purchaser on execution of sale deed - Mutation neither confers any title nor is a document of title...........
Hindu Succession Act, 1956, Section 14(1) -- Property acquired by Hindu female - Mutation entry in favour of Hindu female - No other document in her favour - Words `in any other manner whatsoever' are not sufficient to attract elements of acquisition by mutation entry u/s 14(1) of the Act - Said term needs to be construed and interpreted in context of partition or..........
Will -- Validity - Property of Hindu female - Property mutated in revenue record by son in favour of mother without executing any other document for transferring the suit land - On basis of mutation entry, it cannot be said that mother has acquired said property - Mutation entries are relevant only for collection of land revenue - Therefore, such mutation entry, cannot..........
Family Courts Act, 1984 -- Civil Court decree acknowledging family settlement - Challenge as to - Suit for challenging civil Court decree filed after a period of 20 years - Plea of plaintiffs that they did not come to know of decree cannot be accepted, particularly when in revenue record defendant was being depicted as absolute owner of property - Moreover, father of..........
Mutation -- Law as to : (a) mutation proceedings are summary in nature wherein title of the parties over the land involved is not decided; (b) mutation order or revenue entries are only for the fiscal purposes to enable the State to collect revenue from the person recorded; (c) they neither extinguish nor create title; (d) the order of mutation does not in any way effect..........
Mutation -- Orders for mutation are passed on basis of possession of parties - Since no substantive rights of parties are decided in mutation proceedings, ordinarily a writ petition is not maintainable in respect of orders passed in mutation proceedings, unless found to be totally without jurisdiction or contrary to title already decided by competent Court - Parties are..........
Co-sharers -- Plea of ouster by one co-sharer against other - Mutation in revenue records in the name of one co-sharer would not amount to ouster unless there is a clear declaration that title of other co-sharers was denied...........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for declaration of ownership - Original owner bequeathed all his properties in equal shares in favour of his two wives i.e plaintiff and defendant no.11 by way of Will - Validity of Will is not in dispute between parties - Plaintiff not alleged to have declared or made anyone else or to make believe that defendant Nos. 1..........
Criminal Procedure Code, 1973, Section 311 -- Recall of prosecution witnesses - Dismissal of application - It is apparent that petitioner has cross-examined witnesses at length and has put his defence to them - Even, reason given in application for re-examining these witnesses is not bonafide as it appears that petitioner wants to delay the proceedings - Moreover, no..........
Will -- Proof of - Will in favour of three sons and widow to the exclusion of daughters - Due execution of Will proved in accordance with law - Requirement of S.68 of Evidence Act complied with - Mutation sanctioned on the basis of Will in presence of plaintiffs and other sisters - No doubt arises as to validity of Will...........
