NOSHIR CAWAS GOVADIA Vs. SPECIAL SECRETARY

JUDGEMENT

(1.) By way of the present petition under Articles 14, 226 and 227 of the Constitution of India, following prayers have been made by the petitioner:

(2.) Short facts arise from the record, are as under: One Cawas Dosabhai Govadia, who happens to be father of the petitioner and respondent No.5, executed a Will, by which, he declared his intention with regard to several properties to be bequeathed to several legal heirs. A dispute in the present proceedings is with regard to the land and Bungalow situated at Village-Nargol, Taluka- Umargam, District- Valsad. By the said Will, Cawas Govadia has declared that subsequent to his death, property shall be bequeathed in favour of his wife Dhanbai. However it has been made clear in the Will that if she passes away before the death of the executor, the property in question shall be bequeathed to his daughter namely Kashmira- respondent No.5 herein. The said Cawas Govadia expired in 02/02/2002 and accordingly entry was mutated on 30/10/2002 showing name of Dhanbai w/o Cawas Govadia as well as Kashmira- respondent No.5 herein. The said entry was confirmed after recording the statement of Dhanbai. The present petitioner, who is a son of said Cawas Govadia, has challenged the said entry in the year 2014 i.e. after a period of 12 years on the ground that since Dhanbai is alive even as on today, name of Kashmira should have been deleted from the revenue record. Hence, this petition.

(3.) Learned advocate appearing for the petitioner by taking me through the Will, alleged to have been executed by the father of the petitioner and respondent No.5, would submit that the entry mutated on 30/10/2002 was not recorded in the revenue record in accordance with law as Dhanbai is still alive. Even Dhanbai has stated before authorities below that the names of other legal heirs ought to have been recorded with regard to property in question.