matter arising from a mutation
proceeding under the 1959 Code had
allowed mutation based on a will.
Submissions on behalf of first respondent ... dispute as to validity of will,
competence of testator to execute will or
existence of two rival wills of testator, or a
dispute
adoption having been found as not proved,
the first mutation, namely, Mutation No. 1311 will have to
be ignored an no title was passed ... that it has applied
to Mutation No. 1311 to Mutation No. 1348. Assuming for the
sake of arguments, that Mutation
Will was executed by the deceased
Balak Ram during his lifetime. The Will, if any, was forged
3
and fabricated and ultimately the mutation ... findings of the High Court on the issues of Will
and consequent mutation. The findings of the High Court are
based on correct evaluation
proceedings
regarding mutation of the lands were initiated. Respondent
No 1. sought mutation in his favour on the basis of the
will, whereas the appellant ... nearest heir claimed
mutation in her favour.
The mutation was sanctioned in favour of the appellant
on the ground that the will was not genuine
convinced her to accompany him to Courts of
Mahendragarh, so that the mutation of the properties inherited by her from
her husband could be made ... question by the authorities. She believed in
good faith that the mutation will be done and the properties would be
recorded in her name
improvement."
In the will aforestated, the testatrix appointed three
executors. On the basis of the above will, mutation
no.3597 was made ... executor or a legatee under
will is sought to be established. However an un-probated
will can be admitted in evidence for collateral purposes
this Court while upholding the validity of the U.P. Act will Mutates mutandis apply here and we must uphold the validity
claim of possession. The absence of proof
that the land was mutated in the donee’s favour by revenue authorities
was considered a point against ... failure to collect rent, donor’s continued control, lack of
mutation) will lead to proving that a gift was never completed,
regardless of any written
mutation, Kartar Kaur died on
28.12.1983. The defendants in the suit, namely, the
contesting respondents herein, in the mutation
proceedings, set up a will dated ... herein, had clearly disclosed that they had been
contesting the will in the mutation proceedings which
culminated in the year 2017. The suit was instituted
adoption having been found as not proved,
the first mutation, namely, Mutation No. 1311 will have to
be ignored an no title was passed ... that it has applied
to Mutation No. 1311 to Mutation No. 1348. Assuming for the
sake of arguments, that Mutation
