Mutation entries cannot confer title; disputed wills must be proved in civil court before revenue mutation.

Mutation entries in revenue records do not create, extinguish or confer title and serve only fiscal purposes. Where a mutation claim is based on a disputed will, the claimant must first establish rights and title before the competent civil court. A mutation application filed before the death of the alleged executant cannot be acted on for revenue mutation purposes, because the claimed right under the will is not yet capable of enforcement. The direction to mutate the claimant's name on that basis was therefore unsustainable, and the claimant was relegated to the civil court to crystallize title and rights.

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Issues: Whether a mutation entry in revenue records could be directed on the basis of a disputed will before the executant's death, and whether title claimed under such will had to be established before the civil court first.

Analysis: Mutation entries in revenue records do not create, extinguish, or confer title and are relevant only for fiscal purposes. Where the claim to mutation is founded on a will and the will is disputed, the claimant must first establish rights and title before the competent civil court. In the present case, the mutation application itself was filed before the death of the alleged executant, so the claimed right under the will could not be acted upon for revenue mutation purposes.

Conclusion: The direction to mutate the petitioner's name on the basis of the alleged will was not sustainable, and the petitioner was rightly relegated to the civil court to crystallize his rights.

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