Disposed

Kulwinder Kaur v. State of Punjab & Ors.

Punjab & Haryana HC25 Jan 2012CWP/1718/2009

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging mutation orders regarding inheritance. The Court held that mutation does not confer title and the validity of a Will is best determined by a civil court, not revenue authorities in summary proceedings, relegating parties to file a civil suit.

What did the court decide?

The writ petition was disposed of by relegating the parties to the Civil Court to determine the validity of the Will.

Kulwinder Kaur Vs State of Punjab & Ors. — Succession and Inheritance | Punjab & Haryana HC (2012)

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Civil Writ Petition No.1718 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.1718 of 2009 Date of Decision :25.01.2012

Kulwinder Kaur

...Petitioner

Versus

The State of Punjab and Others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: Ms.Sonia G. Singh, Advocate for the petitioner. Mr.Ranvir S. Chauhan, Sr. DAG, Punjab. Mr.Jatinder J.C.Nagpal, Advocate for respondents No.6 & 7.

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PARAMJEET SINGH,J.(Oral)

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The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for quashing order dated 22.11.2007 (Annexure P-7) passed by the Financial Commissioner; order dated 24.10.2006 (Annexure P-6) passed by the Divisional Commissioner; order dated 08.04.2003 (Annexure P-5) passed by the Collector and the order dated 07.03.2002 (Annexure P- 4) passed by Assistant Collector Ist Grade, Patiala in mutation proceedings with regard to inheritance of Gurdeep Singh.

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The brief facts of the case are that Gurdeep Singh son of Jagir Singh, resident of Village Rongla, Tehsil and District Patiala was owner of the property situated in the said village. Gurdeep Singh expired on 24.12.2001, the mutation No.1323 of inheritance has been entered on the basis of natural succession. At the time of attestation of Will before Assistant Collector Grade II, Smt.Baljinder Kaur produced unregistered Will dated dated 15.07.1992 allegedly executed in favour

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Civil Writ Petition No.1718 of 2009

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of Smt.Baljinder Kaur (widow) and Taranjit Singh (son). It would be pertinent to mention here that Gurdeep Singh left behind Kulwinder Kaur (daughter), Baljinder Kaur, widow of Darshan Singh (predeceased) of Sh.Gurdeep Singh. Assistant Collector Ist Grade sanctioned the mutation on the basis of unregistered Will. Kulwinder Kaur (daughter) challenged the order dated 07.03.2002 (Annexure P- 4) passed by Assistant Collector Ist Grade before the Collector. The Collector dismissed the appeal of Kulwinder Kaur. The revision petition filed by the Kulwinder Kaur before Divisional Commissioner too has been dismissed. She filed second revision petition before the Financial Commissioner that too has been dismissed. Hence, this writ petition.

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I have heard learned counsel for the parties and have perused the impugned orders.

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It is an admitted fact that the mutation No.1323 with regard to inheritance of Gurdeep Singh has initially entered in the name of all the natural heirs by the Circle Patwari. When the mutation was presented before the Assistant Collector 2^nd Grade, Baljinder Kaur widow of Darshan Singh (pre-deceased) son of Gurdeep Singh objected to the same on the basis of Will dated 15.07.1992. Being a contested mutation, Assistant Collector 2^nd Grade referred it to Assistant Collector Ist Grade. The Will was proved before Assistant Collector Ist Grade and mutation has been sanctioned on the basis of Will. It is settled law that the mutation does not confer any title. It is admitted by the parties that a civil suit had been filed by them. They have effected a compromise dated 24.02.1994 (Annexure P-2) during the life-time of Gurdeep Singh. In pursuance to the compromise (Annexure P-2), a decree was passed by Additional Sub Judge Patiala on 05.03.1994. In view of the settled position that the validity of the Will cannot gone into by this Court. The validity of the Will can be

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Civil Writ Petition No.1718 of 2009

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finally determined by civil court. The mutation proceedings are summary in nature. So, in the facts and circumstances of the case, the parties are relegated to the Civil Court. They will be at liberty to challenge the validity of the Will. Any observation made by the revenue authorities in summary proceedings in mutation will not be binding on the civil court. The civil court will decide independently without being influenced by the observation made in mutation proceedings.

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In the above term, the writ petition is disposed of.

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( PARAMJEET SINGH) JUDGE

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January 25, 2012. seema-II

Kulwinder Kaur v. State of Punjab & Ors.

Case brief

What is this about?

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Kulwinder Kaur v. State of Punjab & Ors.

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