(2004) Law Today Live Doc. Id. 10345 = 2004 L.A.R. 418
Decided on 14.01.2004
For the Petitioners: Shri Vijay Sharma, Advocate.
For the Respondents: Shri M.S. Chahal, Advocate.
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)
ORDER
Mr. Mukul Joshi, I.A.S., Financial Commissioner. – This is a Revision Petition against the order of the Commissioner Patiala Division, Patiala dated 31.3.1999 vide which he dismissed a Revision Petition filed against the order of the Collector, Ludhiana Dated 2.6.1989. Vide this order the Collector had dismissed an Appeal filed against the order of the Assistant Collector 1st Grade, Ludhiana dated 16.1.1989 vide which he had sanctioned the Mutation of inheritance of Smt. Ranjit Kaur wd/o Hari Singh in favour of her son Sh. Ranjodh Singh s/o Shri Hari Singh on the basis of an unregistered Will in his favour. The factual details of the case are contained in the order of the Assistant Collector 1st Grade and need not be repeated.
2. The counsel for the Revision Petitioner has argued that all the three Revenue Authorities have not correctly appreciated the facts of the case and have sanctioned/upheld of mutation of inheritance of Smt. Ranjit Kaur on the basis of a Will that is not only unregistered but full of suspicious circumstances. These suspicious circumstances pertain to the thumb impression of Smt. Ranjit Kaur on the will, the fact that the Will was scripted at the Tehsil office Samrala while Smt. Ranjit Kaur is a resident of Bhaini Ala. She also give a wrong address, that of village Ghulal, which is her parental village. The Will was executed in the Tehsil office Samrala but in spite of this was not registered. The most important suspicious circumstance is that Smt. Ranjit Kaur vide this so called Will has disinherited three of her sons as well as her daughters without any reason. It is a well known fact that disinheritance of natural heirs without justification or good reason is an extremely suspicious circumstance. Therefore, it was argued, the three Revenue Authorities have wrongly held the Will as valid. It was argued that the orders of the lower Courts be set aside the mutation be sanctioned in favour of natural heirs of Smt. Ranjit Kaur.
3. On the behalf of the respondent it was argued that the execution of Will has been dully proved by the marginal witnesses and it has been scripted by a deed writer and its execution has been proved by the deed writer and witnesses. The beneficiary Sh. Ranjodh Singh is living with Smt. Ranjit Kaur and looked after her. The bequeathing of property solely to Sh. Ranjodh Singh was supported by the two daughters of Smt. Ranjit Kaur who were also heirs of Smt. Ranjit Kaur. In view of this the Assistant Collector rightly sanctioned the mutation on the basis of the Will and this order was rightly upheld by the Collector and Commissioner.
4. I have gone through the arguments of counsels and the case file. The Assistant Collector has accepted the Will on the ground that the execution had been proved by the deed writer and witnesses. This also seems to be stand taken by the Collector and Commissioner. However in the matter of an unregistered Will, whereas the evidence of the deed writer and marginal witnesses may be necessary to establish the validity of the Will, this is not a sufficient condition. The will must also be free of suspicious circumstances that could give rise to any doubts about its validity. In the present case the unregistered Will executed by Smt. Ranjit Kaur is not free of suspicious circumstances. The most suspicious is that she has disinherited three of her sons and two daughters without giving any reason. Not only this, in the unregistered Will she has not even mentioned the fact that she had other three sons and two daughters. This is by self is an extremely suspicious circumstance. In view of this disposition, alongwith the other suspicious circumstances, only one conclusion can be reached, that the Will is too full of suspicious circumstances for it to be accepted by a Revenue Officer.
5. In view of the above the Revision Petition is accepted the orders of the Commissioner, Collector and Assistant Collector are set aside, and the mutation of Smt. Ranjit Kaur’s inheritance is ordered to be sanctioned in favour of her natural heirs.
6. To be communicated.
Petition allowed.
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