An Undisputed Will Can Be Relied Upon To Mutate Names In Municipal Records: Madhya Pradesh HC

The Madhya Pradesh High Court has held that an undisputed will executed in accordance with law can be relied upon to mutate names in Municipal Records.

The Court was considering a writ petition against an order whereby application for mutation on the basis of a Will was rejected.

The bench of Justice Subodh Abhyankar held, "...in the context of a Will executed in accordance with law and produced before a Municipal Officer, neither the Will is evidence as provided under the Evidence Act, 1872, nor the Municipal Officer, a Court. Thus, for the purposes of the Municipal records, a Will, which is executed in accordance with law and is not disputed, can be relied upon to mutate the names of the persons, who are the beneficiaries of the same, and no purpose would be served to relegate the parties to go through the rigor of filing of a civil suit and spend considerable time and money only to get their names mutated."

The Petitioner was represented by Advocate Jitendra Verma while the Respondent was represented by Government Advocate Bhuwan Deshmukh.

Facts Of the Case

Counsel for the Respondent submitted that since the issue as to whether mutation can be carried out on the basis of a Will, has been referred to the Larger Bench and is still pending, the impugned order was passed in the light of the said order only. He also relied on another decision which held that revenue authorities have no jurisdiction to mutate the names of the beneficiaries on the basis of a Will, whether it is disputed or undisputed.

On the other hand, Counsel for the Petitioner drew the attention of the Court to one of the decisions wherein it was held that mutation can take place on the basis of a Will. He also submitted that if a judgment were under reference, it would still not hold the field unless and until it is set aside. He thus submitted that since the co-ordinate Bench has already taken a view that mutation can take place on the basis of a Will, the impugned order be quashed and the matter may be remanded back to the concerned Officer of Municipal Corporation.

Reasoning By Court

"....for the purposes of the Municipal records, a Will, which is executed in accordance with law and is not disputed, can be relied upon to mutate the names of the persons, who are the beneficiaries of the same, and no purpose would be served to relegate the parties to go through the rigor of filing of a civil suit and spend considerable time and money only to get their names mutated," the Court observed stating that it is not required to reflect upon the validity of a Will presented before a Revenue Officer for the purposes of mutation.

The matter was accordingly remanded back to the authority concerned.

Cause Title: Gopal Das vs. The State of Madhya Pradesh and Others (2025:MPHC-IND:449)

Appearances:

Petitioner- Advocate Jitendra Verma

Respondent- Government Advocate Bhuwan Deshmukh, Advocate Amol Shrivastava

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