PARSOTAM GANDABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, legatee of will dated 12/02/1993 claimed to have been executed by his mother on 12/02/1993, is before this Court since his application to make appropriate entry under Section 135 of the Bombay Land Revenue Code was ultimately rejected in revision application preferred by the petitioner before the Special Secretary, Revenue Department, State of Gujarat for want of probate to the will in question.

(2.) LEARNED Counsel for the petitioner relied upon Minaxiben Shashikantbhai Patel Vs. Dist. Collector, Gandhinagar [2007 (1) GLR 277] and FGP Limited Vs. Salesh Hooseini Doctor & Anr., [(2009) 10 SCC 223] and submitted that both the statutory authorities below have committed an error in rejecting the petitioner's case for want of probate. It was also submitted that what was sought by the petitioner was mere a fiscal entry which does not conclusively decide the right to the property one way or the other and, therefore, the respondents by refusing to make appropriate entry as above, failed to discharge their duty.

(3.) HAVING considered the arguments advanced by the parties, the 1st respondent being absent, the issue as to whether a probate to a will is necessary, is no more resintegra in view of the decision in Minaxiben Shashikantbhai Patel (Supra). Almost on similar facts, after referring to the relevant provisions of the Indian Succession Act, as also after considering Clarence Pais & Ors Vs. Union Of India, [AIR 2001 SC 1151], it was observed in paragraph Nos.9 and 10 as under: