That the Hon'ble Suprme Court held in case of
CIVIL APPEAL No. 15077 OF 2025 (Arising out of SLP (C) No. 22439/2024) TARACHANDRA …APPELLANT VERSUS BHAWARLAL & ANR. …RESPONDENT (S) regarding the mutation on the basis of will, the following relevant para 20, 21 and 22 is qouted below as under
"20.In Jitendra Singh (supra) this Court observed that if there is any dispute with respect to the title, more particularly when the mutation entry is sought on the basis of the will, the party who is claiming title/right will have to approach the appropriate Civil Court/ Revenue Court and get his rights adjudicated. However, in our view, this cannot be taken as a law proscribing mutation based on a will particularly where the legal heirs of the tenure holder raise no dispute.
21. In the present case, none of the legal heirs of the deceased tenure holder raised a dispute regarding the will. The will is a registered document. The objection, if any, is from the first respondent who claims himself to be in occupation of a particular piece of land held by the deceased tenure holder. Moreover, the claim of first respondent is based on an agreement for sale, and possession thereunder. Admittedly, the same is not a registered document and there appears to be no decree of specific performance in his favour thus far. In such circumstances, if the Tehsildar and other revenue authorities had allowed mutation on the basis of the will by making it subject to regular civil proceedings, we do not find any such jurisdictional error or legal infirmity in the mutation order as may warrant interference in exercise of powers under Article 227 of the Constitution of India.
22. In our view, therefore, the High Court erred by interfering with the mutation order(s) passed in favour of the appellant. Accordingly, the appeal is allowed. The Page 17 of 17 SLP Civil No. 22439 of 2024 impugned judgment and order of the High Court is set aside. The order of the revenue authorities stands restored. The mutation entry, however, shall be subject to any adjudication by a competent Civil Court/ Revenue Court."