Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mohammed Rizwan Shaikh (AM)     18 February 2022

Sdo order with respect to mutation entry maharashtra

Respected Experts,

A land in Maharashtra was gifted (Muslim Hiba Nama) to wife, the other legal heirs created an issue. The wife/widow filed RCS in the Trial Court and the Court gave Order in favor of the wife. Simultaneously, wife applied for Mutation in 7/12 extracts. The Talathi took out the notice/ ferfar and the same was challenged by the other legal heirs. The matter was before the Mandal Adhikari and he rejected the case stating that there is a boja on the land whereas he considered/ accepted the Gift Deed. The said order of Mandal was challenged before the SDO. The SDO passed the Order in favor of the Wife/Widow by setting aside the Mandals Order. The wife again requested to Talathi to mutate but the Talathi again took out the notice u/s 150(2) of MLRC and kept it for objection.  

Please advise

(1) whether the Talathi has rightly acted upon the Order of the SDO?

(2) The widow has prayed before the SDO to confirm the Mutation Entry and the same was allowed by the SDO, so in such case, the Talathi should confirm the earlier Mutation Entry? What is the ruling in this regard?

(3) God-Forbid, if the other legal heirs challenges the recent Mutation Entry/ Notice before the Collector the matter will go on and on till Supreme Court.

How to bring an END to this issue Experts, Please guide and help. Any Citations please?

Regards,

Mohammed RIzwan

 



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