Punjab Land Revenue Act, 1887 (XVII of 1887), Section 34-37 – Mutation of inheritance -- Will – The evidence of the deed writer and marginal witnesses are not sufficient for sanctioning mutation on the  basis of unregistered Will -- Will must also be free of suspicious circumstances – Non-mentioning of fact of having three sons and two daughters in the Will and disinheriting them without giving any reason –  Is by self is an extremely suspicious circumstance -- Mutation on the basis of Will declined -- Mutation of inheritance is ordered to be sanctioned.

(Para 4)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16, 34, 35, 36, 37 – Sanction of Mutation – Mutation cannot be sanctioned on the basis of photocopy of the unregistered will and agreement to sell -- Photocopy is not permissible in the absence of original thereof.

The Divisional Commissioner has held that the will dated 10.3.1989 has been proved by the marginal witnesses and the scribe of the will. The Assistant Collector Ist Grade as well as the District Collector have sanctioned the mutation on the basis of will dated 30.10.1990, which in fact is an agreement to sell and not a will. He has also held that only photocopy has been placed on file whereas the original document has not been produced. The Divisional Commissioner has, therefore, rightly set aside the orders of the Assistant Collector Ist Grade as well as of the District Collector since both are based on a document which has not been produced in original. The same is, accordingly, upheld and the revision petition is dismissed.

(Para 3)