SUBBAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioners had approached the respondent- BBMP for transfer of khatha on the basis of a registered Will dtd. 28/1/2016. They are aggrieved of the inaction on the part of the respondent-BBMP in transferring the khatha.

(2.) During the course of these proceedings, it was brought to the notice of this Court that the petitioners had obtained a probate of the said Will in P & SC No.5013/2011 at the hands of the III Additional District and Sessions Judge, Anekal. Nevertheless, learned Counsel for the respondent No.3 has today filed a memo along with a copy of an order passed in P & SC No.5035/2022 dtd. 30/5/2023. The court which had earlier granted probate by order dtd. 27/8/2021 has revoked the earlier order. Therefore, the learned Counsel for the respondent No.3 submits that since the title is disputed, the aggrieved parties are required to approach a competent civil court.

(3.) In view of the subsequent developments, since it is clear that the title of the property is in dispute between the petitioners and respondent No.3, the aggrieved person is required to approach a competent civil court and get a declaration of title. As and when such a declaration is given by a competent civil court, the parties may approach the respondent-BBMP to have the khatha registered in their names.