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...........
Mutation -- On basis of Will - When order of mutation is not required to be passed by any authority which can be defined as a `Court' under Act of 1872, strict proof as required u/s 68 of Evidence Act would not be applicable...........
Mutation -- On basis of Will - Where Will is executed in accordance with law and produced before a Municipal Officer, neither Will is evidence as provided under Evidence Act nor Municipal Officer a Court - Thus, for the purposes of Municipal records, a will which is executed in accordance with law and is not disputed can be relied upon to mutate the names of persons, who..........
Mutation -- On basis of Will - Plea that Will should be proved first before getting the mutation entered - Despite knowledge Will not challenged - Mutation entry does not depict ownership but only certain facts qua land in question - Mutation rightly not interfered with by Single Judge...........
Stamp Act, 1899, Section 3 -- Schedule IA - Stamp duty - Compromise decree - Compromise decree asserts only the pre-existing right and no new right was created through the consent decree - Consent decree pertaining to mutation of the subject land is not liable for stamp duty...........
Mutation -- Rejection of application - Pendency of a suit cannot be a ground to restrain the government officials from discharging their duties, more particularly when temporary injunction application filed in the suit has been rejected - Not only this, appeal preferred against rejection of temporary injunction application has also been rejected by Appellate Authority -..........
Mutation -- Mutation proceedings are summary in nature, which do not finally adjudicate the right, title or interest of any party and they are only for fiscal purposes...........
