DURGA DASS Vs. CHARAN DASS

JUDGEMENT

(1.) This reference has been received from Commissioner, Jalandhar Division. It is regarding the estate of Ram Kishan son of Devi Chand of village Gakhal, Tehsil and District Jalandhar. Assistant Collector sanctioned mutation in favour of natural heirs disregarding the unregistered Will which was in favour of Durga Dass. The Collector set aside the order of the Assistant Collector, 1st Grade and believed the unregistered Will. In revision, Commissioner took the view that since on the basis of this Will, the mutation has already been attested earlier in village Kutlupur, it will not be proper to have differing orders in two villages and the case be sent back to the Asstt. Collector, 1st Grade to take a fresh decision.

(2.) THE Will per se is not a compulsorily registerable document. Ram Kishan died in 1970 and the Will first saw the light of the day in 1987 in village Kutlupur. On the basis of unregistered Will mutation was sanctioned. It is alleged that one of the heirs of the deceased was present when mutation was sectioned and had knowledge of mutation being sanctioned. As such, they could have challenged the Kutlupur mutation, but they had not done so. It has also been argued before me that the Will is a suspicious document and has not been really proved. The various counts on which it has to be disbelieved have been brought in the orders of the Asstt. Collector.

(3.) THIS is a good convention but it may lead to a fraud being played on natural heirs of the deceased. If the deceased leaves property in two different villages, it will be very convenient for the beneficiary of the Will to have a mutation quietly sanctioned in the village of their choice on the basis of unregistered Will and then stake their claim on the basis of this mutation in other village. Whereas it is not possible to make sweeping remarks about unregistered Will, it generally happens that some of these Wills are not genuine ones.