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    <title>2021 (2) TMI 1407 - MADHYA PRADESH HIGH COURT</title>
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    <description>Revenue authorities&#039; jurisdiction under the MPLR Code to order mutation on the basis of an unregistered will, and to adjudicate its genuineness or disputed title, was in issue. The HC held that the propounder bears the burden to prove due execution of a will, and non-objection to a public notice does not dispense with such proof; however, proof and title disputes are for the civil court, particularly where a civil suit is already pending. Consequently, the Tahsildar lacked jurisdiction to entertain mutation based on a will, and all revenue orders granting mutation on that basis were set aside; the propounder&#039;s name was directed to be deleted and mutation ordered in favour of legal heirs under the Hindu Succession Act, failing which in favour of the State, subject to the civil suit and status quo.</description>
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    <pubDate>Tue, 16 Feb 2021 00:00:00 +0530</pubDate>
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      <title>2021 (2) TMI 1407 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=465768</link>
      <description>Revenue authorities&#039; jurisdiction under the MPLR Code to order mutation on the basis of an unregistered will, and to adjudicate its genuineness or disputed title, was in issue. The HC held that the propounder bears the burden to prove due execution of a will, and non-objection to a public notice does not dispense with such proof; however, proof and title disputes are for the civil court, particularly where a civil suit is already pending. Consequently, the Tahsildar lacked jurisdiction to entertain mutation based on a will, and all revenue orders granting mutation on that basis were set aside; the propounder&#039;s name was directed to be deleted and mutation ordered in favour of legal heirs under the Hindu Succession Act, failing which in favour of the State, subject to the civil suit and status quo.</description>
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