Process of Mutating a Property Devolved on a Will

The High Court of Kerala, in paragraph 17 of the judgement, in Babu R v State of Kerala [2024:KER:84934] on the above findings, formulated guidelines to be followed by the Revenue Officers under the Transfer of Registry rules (TR Rules) while considering the mutation) of the property on the basis of Will or testamentary succession and they are as follows:-.

1. Along with the application for transfer of registry based on the Will, the applicant must produce a copy of the Will and the legal heirship certificate/Family Membership Certificate. If those certificates are not available, the applicant must file an affidavit furnishing the name and details of the legal heirs of the testator who are entitled to succeed to the estate as per the law of succession applicable.
2. On receipt of the application for transfer of registry based on the Will, the Revenue Officer concerned shall issue notice to the legal heirs of the testator who are entitled to succeed to the estate as per the law of succession applicable and to any other person, if any, known or believed to be interested in the subject matter inviting their objections, if any, fixing an outer limit of 30 days.
3. A notice inviting objection to the proposed transfer of registry in the name of the legatee shall also be published in the Village, Panchayat, Municipality, Corporation, as the case may be, and Taluk Office inviting objections, if any, within 30 days from the date of publication of the notice.
4. If none of the legal heirs appears before the Revenue Officer and raises an objection in response to the notice, the legatee’s request for transfer of registry can be allowed treating it as an uncontested case.
5. If all legal heirs appear and express no objection, the transfer of registry can be allowed treating it as an uncontested case.
6. In the event any of the legal heirs appear, dispute the Will, and raise an objection in effecting the transfer of registry, the Revenue Officer should relegate the parties to the Civil Court.
7. If any person claims to be interested in the subject matter other than the legal heir appears and makes an objection in effecting mutation, the Revenue Officer concerned shall hold a summary enquiry as to the merits and genuineness of the said objection, and if the Revenue Officer is satisfied that the objection merits consideration, the parties shall be referred to Civil Court.
8. The legal heir or any such person other than the legal heir (mentioned in Clause vii) above) who objects shall be directed to file a declaration within three months thereafter that he/she has instituted a civil suit before a competent civil court challenging the Will.
9. If no declaration is filed or no document showing the institution of the suit is produced within the period of three months, the transfer of registry sought for can be allowed treating it as an uncontested case.
10. If the declaration is filed with a copy of the document showing the institution of the suit within the above-mentioned period, the result of the suit shall be awaited before taking further action.
11. If it is brought to the notice of the concerned Revenue Officer that a civil suit is pending before a competent court regarding the Will in question or regarding the succession of the property covered by the Will, he shall not effect the transfer of registry and await the result of the suit before taking further action.
12. In cases that fall under Clauses (vii) and (viii) above, the final decision shall be taken in accordance with the final outcome of the Civil Suit.

Reference

1. Babu R v State of Kerala [2024:KER:84934]