MUNIYAMMA W/O. LATE M. MUNIYAPPA Vs. JOINT COMMISSIONER YELAHANKA DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP) BYATARAYANAPURA BANGALORE 560092 AND SMT. LAKSHMIDEVAMMA W/O. LATE M. NAGARAJAIAH ALIAS NAGESWARA RAO

JUDGEMENT

(1.) THE petitioner claims to be the owner of the petition schedule properties on the basis of an unregistered Will dated 20.1.2006 said to have been executed by her son Sri. M. Nageshwara Rao, who had expired on 29.7.2009. She made an application for transfer of khatha of the said properties in her favour on the basis of the said Will. The competent authority has transferred the Khatha of the properties as per Annexure -C under Section 114(1) of the Karnataka Municipal Corporations Act, 1976 (for short 'the Act'). The 2nd respondent made an application for cancellation of the khatha under Section 114 -A of the Act. The 1st respondent has passed an order at Annexure' -P. dated 24.7.2010 cancelling the said khatha and directed the transfer of khatha in favour of the 2nd respondent. The petitioner has called in question the validity of the said order in these writ petitions. Learned Counsel for the petitioner would contend that the petitioner is the owner of the properties in question. The competent authority has rightly transferred khatha of the said properties in her favour on the basis of the Will. The 1st respondent has cancelled the khatha on the ground that the Will has not been registered. A Will is not compulsorily registerable under the provisions of the Indian Registration Act, 1908. Thus, the order at Annexure -P dated 24.7.2010 is unsustainable in law.

(2.) ON the other hand, learned Counsel for respondent No. 2 submits that the petitioner has not produced the original Will before the 1st respondent. Admittedly, the alleged Will is an unregistered Will. The 2nd respondent does not admit the execution of the said Will Therefore, the 1st respondent was justified in passing the order.