Property and Testamentary Law: Mutation in abeyance due to conflicting Wills

Facts and History: Unraveling the Inheritance Enigma

In the picturesque hills of Hindwadi, Belgaum, a legal saga unfolded, shrouded in the complexities of conflicting wills and disputed property rights. The story begins with the passing of Mr. Pralhad Raghavendra Desai, leaving behind a substantial estate. Two wills surfaced, each claiming legitimacy and the right to control the deceased's legacy.

Mr. Rajiv Surendra Doddanavar, backed by a will dated 2nd January 2007, and Ms. Madhuri Veerdhaval Chalukya, supported by a will dated 24th June 2015, found themselves locked in a legal battle over inheritance. The matter escalated as mutation entries were made in favor of Ms. Chalukya based on the latter will.

Arguments of Lawyers: Dueling Legal Minds

The courtroom became the arena where legal luminaries sparred over the interpretation of laws and the validity of the mutation entry. Mr. A. A Khandeparkar, representing Mr. Doddanavar, vehemently argued that the mutation entry, certified in Ms. Chalukya's favor, should be invalidated pending civil court adjudication. Citing legal precedents, he emphasized the revenue authorities' lack of jurisdiction in determining ownership disputes arising from contested wills.

In contrast, Mr. Prasad Dani, representing Ms. Chalukya, countered by asserting the legality of the mutation entry, citing provisions of the Maharashtra Land Revenue Code, 1966. He argued that the entry was duly certified following prescribed procedures and should stand until a civil court conclusively determines ownership rights.

Decision of the Court: Justice Prevails

After meticulous consideration of arguments and legal provisions, the Bombay High Court delivered its verdict, bringing clarity to the convoluted legal landscape. Justice Sharmila U. Deshmukh, presiding over the case, underscored the limitations of revenue authorities in resolving disputes entwined with contested wills.

The court ruled to keep the mutation entry in abeyance, pending civil court adjudication on ownership rights. It emphasized the need to prevent multiplicity of entries and acknowledged the indirect adjudication attempted by revenue authorities. The judgment echoed the principle that while mutation entries don't confer title, they're intertwined with issues of ownership.

Legal Provisions and Case Citation

The application was filed under *Writ Petition No. 7194 of 2021* in the Bombay High Court. The court assessed the provisions of the Maharashtra Land Revenue Code, 1966, particularly Sections 149 and 150, which govern the acquisition of rights and the procedure for mutation entries.

**Case Citation:** *Rajiv Surendra Doddanavar v. Madhuri Veerdhaval Chalukya & Ors., 2024:BHC-AS:15910*