While observing that the Revenue Authorities dealing with the mutation cases in the areas inside the State of Odisha (those were under ex-princely State) cannot refuse to entertain/register mutation cases on the basis of un-probated Wills, the Orissa High Court has issued set of guildeliens to avoid litigation relating to mutation of records based on un-probated Wills in Gadajat areas.

The Petitioners filed the Writ Petition before the High Court under Articles 226 and 227 of the Constitution of India, 1950, with a plea to set aside the order passed in a Mutation Case by the Tahasildar, Gunpur (Opposite Party No.2).

The Single Bench of Justice A.C. Behera held, “Mutation cases in the areas inside the State of Odisha, those were coming under the ex-princely State, on the basis of un-probated Wills are entertainable by the Revenue Authorities and Tahasildars, but, if after initiation of mutation proceedings on the basis of un-probated Wills, any dispute either in respect to the genuineness of such un-probated Wills in question or any dispute concerning the properties covered under the said Wills is raised, then, the Revenue Authorities and Tahasildars have no other option, but, to drop the mutation proceeding directing the parties to crystalize their rights by the Civil Court and only thereafter on the basis of the decision of the Civil Court, necessary mutation entry can be made.”

Advocate S.K. Dash appeared for the Petitioner while Standing Counsel G. Mohanty appeared for the Opposite Parties.

Factual Background

One Krushna Sahu, the recorded owner, bequeathed the properties of his Plot in favour of his son and daughter-in-law, i.e., petitioners executing and registering a Will. When the said Testator of the aforesaid Will, i.e., Krushna Sahu died, then the petitioners possessed the aforesaid bequeathed properties and filed a mutation case for the mutation of the said properties to their names on the basis of that registered Will. As per an order, the Tahasildar, Gunpur(Opposite Party No.2) dropped that Mutation Case on the ground that the applicants failed to produce the probate of the willnama from the competent court. Aggrieved thereby, the Petitioners approached the High Court.

Reasoning

The Bench, at the outset, reiterated that the when a Will in question is executed in the Districts, which were coming under the ex-princely State like Mayurbhanj, Bolangir, Koraput, Dhenkanal, Ganjam, Sundargarh, Sambalpur, Angul, Keonjhar, Rayagada, Jharsuguda, Malkanagiri and others, no probate of Will is necessary. In the said Districts, Revenue Authorities and Tahasildars can proceed with the mutation cases on the basis of un-probated Wills.

Further referring to various precedents including Ritesh Kumar Patel @ Ritesh Patel (2015), the Bench said, “ In view of the ratio of the aforesaid decisions of the Hon’ble Courts as well as Letter No.23734 dated 13.08.2019 of Government of Odisha, “no probate is necessary in respect of “Gadajat Wills” and the revenue courts including Tahasildars in such areas of the Districts in the State shall entertain mutation cases on the basis of un-probated Wills.”

Considering that there is no requirement for probation of the Will executed in favour of the wit petitioners because, the said Will had been executed in the District of Rayagada, (which was under the ex-princely State remaining with undivided Koraput District) in respect of the properties under Gunpur Tahasil, the Bench held, “...at this juncture, order dated 06.11.2024(Annexure3) passed by the Tahasildar, Gunpur (Opposite Party no.2) to drop the Mutation Case No.289 of 2024, requesting them (petitioners) to file a declaratory suit seeking reliefs under Section 34 of the Specific Relief Act, 1963 cannot be sustainable under law.”

Allowing the Petition and quashing the impugned order, the Bench directed the Tahasildar, Gunpur (Opposite Party No.2) to consider the mutation case afresh.

Further, the Bench also passed the following guidelines to be followed by the Revenue Authorities-cum-Tahasildars, for initiation and disposal of mutation cases on the basis of the un-probated Wills:

  • The Revenue Authorities including the Tahasildars and others, those are dealing with the mutation cases in the areas inside the State of Odisha (those were under ex-princely State) cannot refuse to entertain/register mutation cases on the basis of un-probated Wills.
  • Soon after, registration of a mutation case, on the basis of an un-probated Will, a report is to be called for from the local Revenue Inspector or from any other authentic source, as it deems fit and proper to ascertain the names and addresses of all the legal heirs of the testator or testators in the natural line of succession.
  • After ascertaining the names and addresses of all the legal heirs of the testator or testators in the natural line of succession, notices shall be is issued to them along with notices to others, if any, as per law inviting their objection and participation.
  • If after receiving such notices, dispute is raised by the invitees of the notices either in respect of the genuineness of the Will in question or in respect of the properties covered under the said Will, then, the Revenue Authorities or Tahasildars shall drop the mutation proceeding leaving the parties to get their rights crystalized before the civil Court.
  • After crystallization of their rights before the Civil Court, necessary mutation entry can be made by the Revenue Authorities or Tahasildars on the basis of the decree of the Civil Court.

Cause Title: Ramesh Chandra Sahu & Anr. v. The State of Odisha (Case No.: W.P.(C) No.1848 of 2025)

Appearance:

Petitioner: Advocate S.K. Dash

Opposite Parties: Standing Counsel G. Mohanty

Click here to read/download Order


Orissa High CourtJustice A.C. Behera

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.