Jabani or Unregistered will-
When a Hindu died with testamentary disposition but will is
unregistered, on presentation the unregistered will, mutation will
be entered according ... Jabani or Unregistered will-
When a Hindu died with testamentary disposition but will is
unregistered, on presentation the unregistered will, mutation will
be entered according
proving the Will, the defendants did not dare to produce the
will on record. According to the defendants that the alleged Will was a registered ... unregistered
will. It is a matter of procedure of law that the will must be attached with the
copy of mutation which has not been
acquiescence even if the person had the knowledge of
the Will or the mutation. Even if it is assumed for sake
of argument that ... instant case defendant No. 8 who has propounded the
will got his name mutated in the record of the MCD on the
strength of this
Plaintiff
Nathu Ram Jain was seeking mutation of this plot in terms of a will
which had been executed in his favour; admittedly the original ... will dated 19.10.1981. This will had been probated in his
favour on 6.9.1984. On 17.12.1984 he had applied to the DDA for
mutation
mutation was sanctioned on the basis of Will and no such
Will produced when mutation was challenged, the same is invalid as per
Sections ... sanctioning of mutation, as admitted by DW1 and DW2 in their
respective cross-examinations. Such mutation sanctioned in the absence
of any Will
heirs of Har Kaur Chopra as per her will dated January 18,
1985; (iv) the mutation and subsequent conversion of the suit property
from lease ... clearly understood that the
question of genuineness of both the wills including the will Ex.DW-
RFA (OS) No.13/2014 Page
report about the same to the patwari and the procedure for mutation will then follow. It was contended by the learned counsel for the appellant ... report about the same to the patwari and the procedure for mutation will then follow. The question therefore which arises for consideration is whether acquisition
second set
of persons in the same Will; a testator cannot create successive legatees in
his Will. Once an absolute right is conferred on anyone ... mutation/ Conveyance Deed could have
been taken within 3 years and if the Conveyance Deed or the mutation or the
Will has not been challenged
English translation
is claimed to be a "Will". Thus the mutation so effected on the
strength of the said document is invalid ... documents. The said
mutation being bad, and the documents executed subsequently
on the strength of the said mutation and the alleged will
cannot be acted
existence of the present Will and the contents of the Will.
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He claims that he knows that the Will was attested by late
Justice ... suspicious circumstances are present
surrounding the execution of the Will. The house stood
mutated in the name of the legatee in the Patna Municipal
Corporation
