Amendment status not verified — confirm the current text below against the official source.
Report of succession or transfer of possession—(1) Every person obtaining possession on admission by the Gaon Sabha as Bhumidhar or Asami or by succession or by transfer other than a lease permitted under the Delhi La^d Reforms Act, 1954, of any land in a village which is required to be recorded in the register specified in Section 20 shall report such admission, succession or transfer to the Tehsildar, (2)In the case of any admission by the Gaon Sabha as Bhumidhar or Asami or of a succession or transfer, other than a lease permitted under Delhi Land Reforms Act, 1954, the report shall be made immediately after it has taken place.- (3)In the case of lease permitted under the Delhi Land Reforms Act, 1954, the report shall be.made by lessor immediately after the lease has been delivered possession thereunder.., t ,,., ...... .•-•,.; (4)If the person so succeeding, or otherwise obtaining possession, or, in the case of a lease; the lessor:is.,a minor or otherwise disqualified, the guardian onother.personiwho.has charge of his property shall make the report required by this section.; - -.• i i. -j..- • • • < (5)No revenue court shall entertain a suit or application by the person so succeeding or otherwise obtaining possession or, in,the case of a lease, by the lessor until such person has made die report required by this section. Explanation—The word 'transfer' includes—. (i) a family settlement by which'the holding or part of the holding recorded in the recbrd-of-rights in the name of one or more members of that family is declared to belong to another or other member, or (ii) an exchange of holding under Section 40 of the Delhi Land Reforms Act, 195,4... \ , ,< "-'"'' . y y; ' "'.', comments Mutation—When.of no consequence—It is settled law that entries in revenue records are only for fiscal purposes and they create no title. The mutation of the property neither confers title nor takes it away. Once a Registered Sale Deed has been proved on record by the Appellant, unless there is contra evidence to suggest that the sale document is not a genuine one, the Appellant stands vested with the right, title and interest in the property in question. Mutation or the lack of it would have no bearing on the aspect of title. 289 The Delhi Land Revenue Act, 1954 S.22] possession. Subsection (1) of Section 22 stipulates that, inter alia, any person obtaining possession as Bhumidhar or Asami by succession or by transfer of any land in village, which is required to be recorded in the register of the Record of Rights as per Section 20, is required to report such succession or transfer to the Tehsildar. On such report being made, the procedure to be adopted by the Tehsildar is prescribed u/s 23 of the Delhi Land Revenue Act. The Tehsildar may also' adopt the procedure prescribed therein upon facts which otherwise come to his knowledge. The Tehsildar is required to make an inquiry. In undisputed cases, if the succession or transfer appears to have taken place, the Tehsildar is required to direct the Patwari of the Halka to record the same in the annual register. However, in the case of a disputed succession or transfer or where the Tehsildar finds that it is in contravention of the provisions of Delhi Land Reforms Act, 1954, he is required to refer the case to the Revenue Assistant, who is to' decide it after such inquiry, as may be prescribed and where necessary, direct the annual register to be amended accordingly. Smt. Kiran Diwania v. Financial Commissioner, Delhi and others, 2013 (138) DRJ 198 Devolution of Bhumidhari rights—Determination of—The persons entitled to have their names placed in the record of rights have to be determined in terms of the Delhi Land Reforms Act. Whenever there is a succession or transfer, it has to be in terms of the Delhi Land Reforms Act and if it is so, the same needs to be recorded in the annual register of the record of rights maintained under the Delhi Land Revenue Act. The issue is with regard to how the Bhumidhari right of Smt. Manbhari is to_devolve.^That issue has to be examined in the context of, inter alia, Sections 48,50,51,53, is alsq the provisions of the Hindu Succession Act, 1956. Those provisions are to be exaim^ed before it can be determined as to who would be entitled to have his or her name entered in the record of rights. But, it is not now open to the revenue authorities or the Civil Court to examine the issue with regard to the genuineness of the Will dated 19.06-1967 which, upon the grant of probate stands concluded. The execution of the Will by Smt. Manbhari in favour of Smt. Kiran Diwania is not open to challenge any further. Section 227 of the Indian Succession Act, 1925 specifically stipulates that the probate of a Will, when granted establishes the Will from the death of the Testator and renders valid all intermediate acts of the Executor as such. Smt. Kiran Diwania v. Financial Commissioner, Delhi and others, 2013 (138) DRJ 198