CWP No.714 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.714 of 2010 Date of decision January 18 , 2010 Smt. Kanwaljit Kaur Bedi ....... Petitioner Versus Union Territory, Chandigarh through Estate Officer, U.T.,Chandigarh and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ashwani Bakshi, Advocate for the petitioner. **** K. Kannan, J (oral). 1. Learned counsel for the petitioner states that the mutation has been carried out by the administration at the instance of a person claiming to be a legatee under the Will executed by the deceased- registered owner of the property. The complaint in the writ petition is that the mutation has been ordered acting on copy of alleged Will, application without insisting on production of succession certificate. The basis of challenge in my view, is not correct. 2. The requirement under Chapter X of the Indian Succession Act arises only in cases of enforcement of out standings and will have no bearing to assertion of right to immovable property. The reliance made by the authority on a copy of the Will is also not a matter that should be a legitimate complaint before this Court, for, mutation is only a procedure for collection of revenue from the owner in whose name the property stands registered in the public records. If the petitioner is aggrieved by the mutation, he should take the action of the person in obtaining the mutation of ownership as constituting denial of his right and CWP No.714 of 2010 2 seek for prior relief of declaration in a competent Civil Court. 3. The remedy that the petitioner shall have for assertion of his right and putting the Will to a challenge and leaving it to a person who propounds the Will to prove the same can not be substituted by a remedy by means of writ petition. 4. The writ petition is dismissed with liberty to the petitioner as aforesaid for claiming title to property, if so advised. (K. KANNAN) JUDGE January 18 ,2010 archana