What are the procedures in mutating the property based on Will or What to do if some one raise objection to mutation based on Will ? See what Kerala High court says .

First of all I would like to draw the significant importance of the will and other documents, A will is one of the most solemn documents known to law. Unlike other documents, the testator who had departed the temporal state cannot be called to confirm the genuinity of the Will. Hence trustworthy and unimpeachable evidence is insisted to establish the genuinity and authenticity of a will.The onus of proving the will is on the propounder.

Regarding the statutory norms:

Section 63 of the Indian Succession Act deals with the procedure to proof the execution of a will.The same need to be proved atleast through one of the attesting witness, if the attesting witness are alive. Hence the statutory provision make it incumbent for a document required by law to be attested to have its execution proved by atleast one of the attesting witness, if alive and subject to the process of the court conducting the proceedings involved and is capable of giving evidence.

But the above said statutory norms is not applicable in case of a document required to be attested but has been registered in accordance  with the provisions of Indian registration Act unless the execution  of the document by the person said to have executed it has  denied the same. This relaxation is not applicable in the case of will.

In Ramesh Verma V. Lajesh Saxena - AIR 2017SC 494 - held that the proof of a will to be admissible in evidence with probable potential,being a document required by law to be attested by 2 witnesses, would necessarily need proof of its execution through atleast one of the attesting witness even if the execution is not specially denied.

The legal principal, "admitted facts need not be proved" is not applicable in the case of a will. ie , So far as the will is concerned  Section 58 of the Indian evidence Act will give away to the Special provision of Section 68 of the Indian evidence Act. 

The property of transfered from one person to another by the revenue authorities based on the transfer of registry Rules. It takes place as follows:

1. Voluntary action of Owners

2. decree of civil court or by Revenue Sales

3. Succession

A reading of the TR provisions show that  there is a detailed procedure prescribed for effecting  the transfer of registry in respect of  transfer Inter-vivos, transfer by decrees of civil Court  or Revenue sales and transfer due to  intestate succession/inheritance. But it does not deals with the transfer of testamentary succession.

Hence the Hon'ble High court of Kerala in a recent  significant Judgment Babu V. State of Kerala (2024 (6) KLT 486) formulate guidelines for the revenue officers while considering  application for mutation of property based on testamentary succession. The guideline as Follows:

• Along with the application for mutation based on will, the applicant must produce a copy of the will and the legal heirship certificate /family membership certificate .if those certificate are unavailable then the applicant has to file an affidavit furnishing the name and details of the legal heirs of the testator as per law of Succession.

• On receipt of the application , the concerned Revenue officer shall issue notice to the legal heirs of the testator entitled to succeed to the estate as per the succession law is applicable. Also to any other persons who is interested  in the subject matter for inviting his objections with a time limit of 30 days.

• A notice inviting objection to the proposed transfer in the name of legatee shall also be published in the Village , Panchayat, Municipality, corporation as the case may be and Taluk office within 30 days from the date of publication of notice.

• If none of the legal heirs appears before the revenue officers and raises an objection, the legatee's request for transfer of registry can be allowed as uncontested case.

• If all the legal heirs appears and express no objection, the transfer can be allowed as uncontested case.

• In the event of legal heirs appears and dispute the will and raise an objection in effecting the transfer, the revenue officer should relegate the parties to the civil court. 

• If any person claims to be interested in the subject matter other than the legal heirs appear and raise objection in effecting mutation, the revenue officer shall hold a summary enquiry as to the merits and genuineness of the said objection and satisfied that the objection merits consideration, the parties shall refereed to civil court.  

• The legal heirs or any other person other than legal heirs who objects shall be directed to file a declaration stating that he/she will institute a civil suit Challanging the will within 3 months from the date of declaration. 

• If no declaration is filed or no document showing the institution of the civil suit is produced within 3 months, the transfer can be allowed as uncontested case. If the declaration is filed with a copy of the document showing the institution of the suit within 3 months , the result of the suit shall be awaited before taking further action. 

• If it is brought to the notice of the concerned revenue officer that a civil suit is pending before a Competant court regarding the will in question or regarding the succession of the property covered by the will , he shall no effect the transfer and await the result of the suit.