THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23330 of 2009 ORDER: One Sri Akula Narayana was the owner of premises bearing No.5-6-531 of Karimnagar Municipal Corporation. He died on 04.06.2009. The 2nd respondent is his wife. Claiming to be the adopted daughter of Narayana and the 2nd respondent, the 3rd respondent filed an application for mutation, before the 1st respondent. The application was acted upon vide proceedings dated 13.10.2009 and mutation was effected in favour of the 3rd respondent. The petitioner states that he is the nephew of late Narayana. According to him, a will was executed on 25.05.2005 by Narayana bequeathing the said property in his favour and after the demise of Narayana, he became the absolute owner. He contends that though an application was filed before the 1st respondent for mutation earlier in point of time, the impugned proceedings were issued. He challenges the same. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent. The petitioner bases his claim to the property on a will, whereas the claim made by respondents 2 and 3 is on the basis of succession. It is but natural that a person, who claims under a will, has to approach a civil Court and establish his rights, if the claim is opposed by the natural legal heirs. It is only when the rights under the will are declared, that he can lay claim for the property be it as to mutation or on other aspects. The 1st respondent obviously recognized the right of inheritance of the 3rd respondent. Further, it is not as if the mutation in the records of a Corporation would by itself, either confer or take away the rights. What is implicit also made clear by the 1st respondent, by observing that the mutation will be subject to the outcome of any civil proceedings, pending between the parties. The petitioner states that he filed O.S.No.155 of 2009 on the file of Senior Civil Judge, Karimnagar for certain reliefs. In case, the suit is not comprehensive, the petitioner can seek amendment of the prayer covering the relief as to declaration of his rights, under the will. Therefore, the writ petition is disposed of directing that the mutation effected by the 1st respondent in favour of the 3rd respondent shall be subject to the outcome of the suit, which is instituted by the petitioner. There shall be no order as to costs. _________ 30.10.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23330 of 2009 Date: 30.10.2009 JSU