The Jammu and Kashmir High Court has ruled that a mutation attested by excluding a legal heir without recorded reasons can be overturned. The court also clarified that an invalid mutation can be challenged without any limitation period restriction.
Court’s Ruling on Invalid Mutation
The case involved a petitioner who had a mutation recorded in his name, excluding his sister from the inheritance. The court found no evidence to suggest that she had relinquished her rights or that any customary law applied.
Justice Javed Iqbal Wani noted that both the petitioner and the respondent were siblings and legal heirs to their deceased father’s property. However, only the petitioner was granted ownership, while the respondent was wrongfully excluded. The court found no legal basis for this exclusion.
Violation of Succession Laws
The court observed that the mutation violated the law of succession under Muslim Personal Law and provisions of Standing Order 23-A, which governs mutation procedures. The High Court upheld the finance commissioner’s order that set aside the mutation, finding no irregularity in the decision.
The court clarified that the ruling did not automatically confer ownership on the respondent but directed the revenue officer to reassess the matter. The revenue officer must now decide the case according to Muslim Personal Law and Standing Order 23-A while allowing the petitioner to present his claims.
Case Background
The petitioner had challenged the finance commissioner’s decision, which nullified the mutation granting him sole ownership of the ancestral property. The mutation was initially attested after their father’s death, excluding the respondent’s share. The respondent challenged this before the finance commissioner, who overturned the mutation. The petitioner then appealed to the High Court.
The court found no merit in the petition and dismissed it, affirming that the necessary legal procedures were not followed. The ruling ensures that rightful heirs are not deprived of their inheritance under Muslim Personal Law.
