Will -- Probate - When a Will in question is executed in the Districts of State of Odisha, which were coming under ex-princely State, no probate of Will is necessary - In the said Districts, Revenue Authorities and Tahasildars can proceed with mutation cases on basis of un-probated Wills...........
Mutation -- On basis of un-probate Will - Mutation cases in the areas inside State of Odisha, those were coming under ex-princely State on basis of un-probated Wills are entertainable by Revenue Authorities and Tahasildars - But, if after initiation of mutation proceedings on basis of un-probated Wills, any dispute either in respect to genuineness of such un-probated..........
Mutation -- On basis of un-probate Will - Directions issued to Revenue-cum-Tahasildars relating to mutation of records on basis of un-probated Wills in Gadajat areas of State of Odisha (those were under ex-princely State, viz. (i) Revenue Authorities including Tahasildars and others, those are dealing with mutation cases in areas inside State of Odisha (those were under..........
Agreement to sell -- Specific performance - Plaintiff contended that defendant was required to get mutation sanctioned in respect of suit property in revenue record and only thereafter sale deed was to be executed - However, once defendant had handed over original sale deed of suit property to show his title, this is lame excuse on part of plaintiff to say that mutation..........
Mutation -- Granted in breach and violation of law of succession - Basic mutation and consequent mutation rightly set aside...........
Mutation -- Co-sharer not entitled to alienate any specific Khasra numbers - Mutation of specific khasra numbers without partition cannot be sanctioned - Mutation rightly set aside by both the Courts below...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
Mutation -- On basis of Will - Revenue Courts are prevented from recording statements of parties and therefore, question of establishing genuineness of Will cannot be ventured into in mutation proceeding and has to be left to the discretion of competent civil Court...........
Mutation -- On basis of Will - Petitioner is asserting exclusive title based on a Will and therefore has to prove the Will in the manner known to law - Unless petitioner is able to prove genuineness of Will, adhering to strict compliance of S.63 of Succession Act and S.68 of Evidence Act, petitioner does not acquire right to get his name mutated based on a Will...........
