In the matter of RAJKUMAR SHARMA AND OTHERS Vs MANJESH KUMAR decided by the bench of Gwalior wherein upon the death of one Balikdas, respondent filed an application before the Tahsildar for entering their names in the Revenue Records on the basis of Will. The petitioners also filed an application for mutation of their names over the said land on the basis of hereditary succession and objected the Will produced by the Respondents.

These applications were heard jointly before the Tahsildar and thereafter an application was preferred before the learned Sub Divisional Officer for transferring the matter. The said application was allowed and the learned SDO vide order dated 31.03.2011 directed to record the name of the petitioners. Assailing the order dated 31.03.2011, the respondent preferred an appeal before the learned Upper Collector, District Datia and the same was dismissed vide order dated 25.07.2016. Thereafter, the matter was put forth before the Additional Commissioner challenging both the orders dated 31.03.2011 and 25.07.2016 on the ground that the Balikdas was unmarried and Will was executed in their favor and on the basis of the Will the Respondent names deserves to be mutated, whereas, it was the case of the petitioner that since the Balikdas remained unmarried, but having blood relations through males and as per the provision of Section 8(c) of the Hindu Succession Act, 1959 when there is no heir of any of the two classes, then the property shall devolve upon the agnates of the deceased.

The learned SDO vide its order dated 31.03.2011 has considered the aforesaid legal aspect and has passed the order of mutation on this basis and the same was affirmed by the learned Collector. While in the second appeal, the Additional Collector has failed to appreciate this legal aspect and has passed the impugned order has directed for mutation of name of the basis of will. It is submitted that once, the Will on the basis of which the mutation is sought, the same is objected, then no mutation can be done on the basis of Will. The Revenue Authorities are having no right to check the genuineness of the Will and mutate the name on the basis of Will in question, rather, it is the domain of Civil Courts. The person alleging has mutation on the basis of the Will if objected is required to get the genuineness of the Will checked by filing appropriate proceedings before the Civil Courts.