Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit challenging mutation entries was dismissed by Revenue Court U.O.7.R.11 CPC - Ground raised in the present suit being barred by res judicata, prima facie, would not apply to the present matter...........
Will -- Mutation on the basis of Will - In order to take advantage of Will for getting name of beneficiary mutated in the revenue records, beneficiary must prove that Will was a genuine one and must remove all suspicious circumstances which are attached to it by examining at least one of attesting witnesses as well as by proving the mental status of testator, willingness..........
Will -- Mutation on the basis of Will - In order to take advantage of Will for getting name of beneficiary mutated in the revenue records, beneficiary must prove that Will was a genuine one and must remove all suspicious circumstances which are attached to it by examining at least one of attesting witnesses as well as by proving the mental status of testator, willingness..........
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...........
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..........
