Smt. Brijesh Kumari Shukla v. District Magistrate Raebareli and Others

Court No. - 8 Case :- WRIT - C No. - 1007491 of 2014 Petitioner :- Smt. Brijesh Kumari Shukla Respondent :- District Magistrate Raebareli And Others Counsel for Petitioner :- Hairdaya Narain Tiwari Counsel for Respondent :- C.S.C.,Umesh Singh Hon'ble Pankaj Bhatia,J.

¶1Present petition has been filed challenging the orders dated

10.10.2013 and 29.09.2014 whereby the application for mutation filed by the petitioner based upon a registered will was not accepted and the appeal preferred against the said was also dismissed.

¶2In terms of the orders impugned, it was recorded that it was a joint property and the claim of the petitioner is based upon a will which was executed as the sole owner of the property.

¶3It is well settled that a will can be executed only to the extent of the ownership rights and not for the entire property.

¶4No error can be found in the impugned orders. However, the parties would be at liberty to agitate their rights flowing out of the will or otherwise in an appropriate Court of law.

¶5The writ petition is accordingly disposed off. Order Date :- 15.12.2023 nishant High Court of Judicature at Allahabad, Lucknow Bench