petitioners by a Will dated 07.04.1982 and
passed away on 09.05.1987. Based on the Will, Mutation Entry No.
2796 was made on 04.12.1987. Separately ... Will, and such
acquisition of agricultural status through a Will is not permissible
under Section 63 of the Tenancy Act. The mutation entries bearing
Later on,
he has executed another Will in supersession of the aforesaid Will, which
is also a registered Will on 31.10.2008 whereby, it is stated ... Will and even when the validity and genuineness of the
Will is questioned in the competent civil court that mutation has to be
first effected
petitioner had thereafter, never applied to the Revenue
Authorities for mutation of registered Will in his favour in the revenue
record.
8. At this stage ... testator when
the Will was prepared or the testator having not mentioned in the Will that
the earlier Will stood cancelled etc. were issues beyond
Will is not
produced.
(2) Probate of Will is not obtained, and, despite
the same, Revenue Entries are certified on the basis
of Will, therefore ... evidence, failing which it will be presumed
that you are not willing to submit anything and,
accordingly, ex-parte decision will be taken which
name of the petitioner in the will executed by her on 18.05.1992. By the said will, the said Smt. Bhuriben Nagarji Desai gave lands bearing ... case of the petitioner that on the basis of the said will, mutation entry No. 5100 was effected in village Form No. 6 in respect
rights or mutation register or to have any such entry deleted or amended. It also provides that the correction of entry will be inquired into ... that the record of rights and mutations, the index of lands and the register of disputed cases will be kept in forms
heirs. The said Will was executed before the Deputy Mamlatdar, Collector's Office, Ahmedabad. In pursuance of the said Will, mutation Entry ... Will was dated 2.12.1975 and therefore there was no illegality committed in execution of the said Will or the Entry mutated on the basis
automatic certification of entries after
registration.
New method for mutations will be
implemented with this integrated
Page 34 of 58
HC-NIC Page ... Thereafter, the Sub Registrar will allow
the transaction of sale with one click and
will register the same.
(4) Automatic mutation entry will be
made
year 1973 and
on the basis of a will dated 25.4.1970; mutation entry has been
made by way of succession in the year 1989, which ... proper, inasmuch as, if the land was
held under a will, the mutation entry could have been made
immediately after
opportunity to adduce the additional
evidence with respect to 'Will' in mutation case is a
discretionary and justified and therefore, setting aside
thereof ... deposition in respect of existence of a registered
'Will' and mutation entry, certified copy of that public document
permitted to be produced
