Orissa HC Issues Guidelines For Disposal Of Mutation Cases Based On Wills Executed Under Ex-Princely States, Says Probate Not Required

The Orissa High Court has reiterated that probate of Wills executed in ex-princely states/Gadajat states is not necessary and thus, the revenue authorities can proceed for mutation on the basis of un-probated Wills in such areas. A Single Bench of Justice Ananda Chandra Behera referred to a number of precedents on the above position of law and clarified that – “If the Wills are executed in a place either outside the areas specified in the clauses of Section 57 of the Indian Succession Act, 1925 or in respect of the immovable properties situated beyond the territories specified in clauses of Section 57 of the Indian Succession Act, 1925, those areas/territories were under the ex-princely State called as Gadajat Wills, probate of such Wills are not required under law.” Case Background One Krushna Sahu, the recorded owner of three numbers of plots under Gunupur Tahasil in the district of Rayagada bequeathed the properties of said plots in favour of his son and daughter in-law by executing and registering a Will dated 02.12.2021. It cited a plethora of precedents from the High Court in which it was commonly held that the Wills which are executed in a place either outside the areas specified in the clauses of Section 57 of the Indian Succession Act or in respect of the immovable properties situated beyond the territories specified in clauses of Section 57, those areas/territories were under the ex-princely states called as Gadajat states and hence, probate of such Wills are not required under the law. which clarified that no probate is necessary in respect of 'Gadajat Wills' and the Revenue Courts including Tahasildars in such areas shall entertain mutation cases on the basis of un-probated Wills. Justice Behera, however, clarified that if after initiation of mutation proceedings on the basis of un-probated Wills, any dispute either in respect to the genuineness of such un-probated Wills or any dispute concerning the properties covered under the said Wills is raised, then the revenue authorities and Tahasildars will have to drop the mutation proceeding directing the parties to approach Civil Court for an authoritative decision and only thereafter, on the basis of the decision of the Civil Court, the necessary mutation entry can be made.