Disposed

Raj Bala v. State of Haryana & Ors.

Punjab & Haryana HC14 Nov 2008CWP/7431/2005

Case brief

AI extract

What is this about?

The Court held that revenue authorities lack jurisdiction to opine on the authenticity of a Will regarding self-acquired property. While setting aside observations on the Will, the Court ruled that mutation can only proceed after a competent civil court authenticates the document.

What did the court decide?

Observations of revenue authorities regarding the Will set aside; liberty granted to petitioner to authenticate the Will in a civil court before applying for mutation.

Raj Bala Vs State of Haryana & Ors. — Property and Title | Punjab & Haryana HC (2008)

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Civil Writ Petition No. 7431 of 2005 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No. 7431 of 2005 Date of decision: 14.11.2008

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Raj Bala ........Petitioner

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Versus State of Haryana and another .......Respondents Coram: Hon'ble Mr. Justice J.S.Khehar Hon'ble Ms Justice Nirmaljit Kaur

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-.-

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Present: Ms Munisha Gandhi, Advocate for the petitioner

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Mr. Surinder Kumar Bishnoi,DAG, Haryana for respondent No. 1

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Mr. Wazir Singh, Advocate for Mr. Harkesh Manuja, Advocate for respondent No. 2

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-.-

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J.S.Khehar, J. (Oral)

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The issue in the present controversy relates to mutation of the revenue record consequent upon the death of Jai Bhagwan, husband of the petitioner, herein. The claim of the petitioner before the revenue authorities so as to effect mutation by substituting the name of the petitioner's husband, Jai Bhagwan, with that of the petitioner, Raj Bala, is based on a Will allegedly executed by Jai Bhagwan on 16.02.2002 (Annexure P-1). The revenue authorities have declined to accept the claim of the petitioner so as to enter the name of the petitioner in place of Jai Bhagwan only insofar as his self acquired property is concerned is based on a finding that the aforestated Will dated 16.02.2002 (Annexure P-1) is shrouded with suspicious circumstances.

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Civil Writ Petition No. 7431 of 2005 2

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Having considered the submissions advanced by the learned counsel for the parties, we are of the view that the revenue authorities had no jurisdiction, whatsoever, to opine on the authenticity of the Will, including suspicious nature thereof. Accordingly, all the observations made by the revenue authorities in respect of the Will dated 16.02.2002 (Annexure P-1), are hereby set aside.

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Despite our aforesaid determination, it is not possible for us to accept the submissions advanced by the learned counsel for the petitioner to the effect, that mutation entry should be made on the basis of the Will dated 16.02.2002 (Annexure P-1). It is only after the authenticity of the aforesaid Will has been adjudicated upon by a Court of competent jurisdiction, the same can be given effect to.

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In the aforestated view of the matter, we grant liberty to the petitioner, to get the Will dated 16.02.2002 (Annexure P-1) authenticated by a competent civil Court. If and when the Will is found to be genuine, the same shall obviously have to be given effect to by the revenue authorities. It is only thereupon, that the petitioner shall make an application for change in the revenue entries in respect of the self acquired property of her deceased husband, Jai Bhagwan.

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The instant writ petition stands disposed of in the aforesaid

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terms.

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November 14, 2008 mohan

Raj Bala v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Raj Bala v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

Coram

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