SANT LAL Vs. COMMISSIONER, GURUGRAM DIVISION

JUDGEMENT

(1.) The petitioners are two of the sons of Maha Singh whose inheritance is in dispute. Before his death Maha Singh had executed a registered Will in favour of four sons only. The petitioners had been denied any share in his property. After his death, the petitioners sought entry of mutation on the basis of natural succession whereas the other brothers sought an entry of mutation on the basis of the registered Will. The Assistant Collector 1st Grade sanctioned mutation on the basis of natural succession which order has been reversed by the Commissioner, Gurugram Division vide the impugned order.

(2.) A perusal of the impugned order shows that a finding has been returned that the registered Will is not suspicious at all. Exclusion of the petitioners therefrom was on the ground of pending criminal litigation with them. That apart, no other suspicious circumstance has been pointed out and, thus, the Will has been accepted. Liberty has also been given to the party claiming under the Will to file a civil suit and get the title decided.

(3.) Learned counsel for the petitioners submits that a party who claims on the basis of Will must approach the civil Court rather than seeking a mutation on the basis thereof. Reliance is placed upon judgment dtd. 6/9/2021 passed in SLP (C) No. 13146 of 2021 titled as Jitendra Singh vs. The State of Madhya Pradesh and others.