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19. For the first substantial question of law whether Will can be made for restricted tenure of the agricultural land by virtue of Section 73-AA of the Bombay Land Revenue Code, it is required to be noted that in the probate proceedings, validity or otherwise as regards transfer of title of such restricted tenure land is not required to be gone into.

Section 73AA prohibits transfer of the land without permission of the Collector. In respect of any such land, if competent authority finds transfer in breach of the statutory provision, it is for such authority to declare such transaction of transfer as invalid and contrary to the statutory provisions and it is thereafter for such competent authority to deal with the land. But, so far as the objectors are concerned, they are not entitled to raise any such plea, that too in the proceedings for grant of probate. Probate proceeding is for limited purpose and it is for proving the genuineness of the Will. Therefore, the question as to whether the applicants can acquire a restricted tenure land without permission of the competent authority under the Will cannot be the subject matter of the issue of the probate proceedings. The question of transfer of restricted tenure land in breach of Section 73AA could be gone into under different Act and not in the proceedings for probate under the provisions of the Succession Act where the only question is whether the Will is genuine or not.