Facts:
Petitioner filed application to mutate his name in revenue records on the basis of the will.
The High Court held that once the will is disputed and even otherwise the petitioner who is claiming rights/title on the basis of the will, the remedy available to the petitioner would be to file a suit. Hence this Special Leave Petition.
Principle
As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalized and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made.
Judgment
It cannot be said that the High Court has committed any error in setting aside the order passed by the revenue authorities directing to mutate the name of the petitioner herein in the revenue records on the basis of the alleged will dated 20.05.1998 and relegating the petitioner to approach the appropriate court to crystalize his rights on the basis of the alleged will dated 20.05.1998. We are in complete agreement with the view taken by the High Court.
Accordingly, Petition Dismissed.
WARNING BY AUTHOR!!
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Link to the Judgment –
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