Revenue courts have no jurisdiction to entertain application for mutation of name of beneficiary on basis of “Will”

Petitioner is the son of the real sister of the testatrix and she executed a registered ''Will'' on 25/03/2018. After the death of the testatrix, he filed an application for mutation of his name on the basis of the registered ''Will'', which was dismissed by Tahsildar.

The petitioner thereafter preferred an appeal,which was allowed by the SDO, Mehgaon, District Bhind and on the basis of the registered “Will”, the name of the petitioner was directed to be mutated in the revenue records in respect of 1/3rd share of the testatrix.

Revenue courts have no jurisdiction to entertain an application for mutation of the name of beneficiary on the basis of a “Will” and if the beneficiary wants to take advantage of the “Will”, then he has to get his title declared from the Civil Court of competent jurisdiction.

Additional Commissioner, rightly set aside the order of SDO and affirming the order of the Tahsildar, by which the names of the legal heirs of the deceased, were mutated in the revenue records.

Appearing advocate: Shri Prakash Braru