Introduction
In property matters, one of the most common questions faced by litigants and even revenue authorities is:
👉 Does a Will automatically entitle a person to mutation of his name in revenue records?
The short answer is No.
A Will may confer rights of succession, but its effect on revenue mutation is limited and conditional.
This blog explains the legal effect of a Will on revenue entries, the role of revenue authorities, and the correct legal remedy in case of dispute.
What Is Revenue Mutation?
Revenue mutation is an administrative process by which the name of a person is entered in revenue records (such as 7/12, Record of Rights) for fiscal purposes.
🔹 Mutation does not confer title
🔹 Mutation is subject to outcome of civil rights
🔹 Revenue records are meant only for collection of land revenue
What Is a Will under Law?
A Will is a testamentary document under the Indian Succession Act, 1925, by which a person disposes of his property to take effect after his death.
Key features:
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Operates only after death of the testator
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Can be revoked or modified during lifetime
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Requires proof if disputed
Whether Mutation Can Be Done Solely on the Basis of a Will?
✅ If the Will Is Undisputed
If:
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The Will is registered or unregistered but undisputed, and
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No objection is raised by legal heirs
➡️ Revenue authorities may mutate the name provisionally, subject to:
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Final adjudication by Civil Court
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Rights of other heirs
Such entry is usually marked as “subject to rights decided by competent court.”
❌ If the Will Is Disputed
If:
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The Will is disputed by legal heirs, or
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Allegations of fraud / coercion / forgery are raised
➡️ Revenue authorities have no jurisdiction to:
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Decide validity of the Will
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Examine its genuineness
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Determine title or succession rights
In such cases:
👉 Mutation must be refused or kept pending
👉 Parties must be directed to approach the Civil Court
Jurisdiction of Revenue Authorities – Legal Position
Revenue authorities:
✔ Can record possession and succession for fiscal purposes
❌ Cannot decide title, validity of Will, or inheritance disputes
They cannot act as a Civil Court.
Any mutation based on a disputed Will is:
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Illegal
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Without jurisdiction
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Liable to be set aside in RTS / Revision / Writ
Effect of Mutation Based on Will
Even if mutation is done:
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It does not confirm ownership
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It does not validate the Will
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It does not bind Civil Court
Civil Court decree will always prevail over revenue entries.
Correct Legal Remedy in Case of Dispute
🔹 Civil Suit for Declaration / Probate (where applicable)
🔹 Injunction against illegal mutation
🔹 RTS Appeal / Revision against wrongful entry
🔹 Writ Petition under Article 226 if authorities exceed jurisdiction
Important Legal Principles (Settled Law)
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Revenue entries are fiscal in nature
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Will disputes are civil disputes
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Mutation cannot override succession laws
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Title flows from law and decree, not from 7/12
Practical Tip for Litigants & Advocates
✔ Always object to mutation based on disputed Will at the earliest
✔ Do not rely on revenue entry as proof of title
✔ Parallel civil proceedings are essential
✔ Delay in challenging mutation may weaken your case
Conclusion
A Will may form the basis of a mutation entry, but only to a limited extent and only when undisputed.
Revenue authorities are duty-bound to stop at the point where civil rights begin.
👉 Mutation follows title — it does not create title.
Understanding this distinction is crucial to avoid illegal entries, prolonged litigation, and misuse of revenue machinery.
