RAM JATAN AND ORS. versus DY. DIRECTOR OF CONSOLIDATION AND ORS.

RAM JATAN AND ORS. versus DY. DIRECTOR OF CONSOLIDATION AND ORS.

There is no illegality in succession through registered Will as accepted by the Director of Consolidation and upheld by the High Court; Section 24 applies only to intestate succession and not where property is bequeathed by Will.

Parties
Appellants: Ram Jatan and Others; Respondents: Dy. Director of Consolidation and Others
Jurisdiction
India
Judgment Date
12 February 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 18.1.93 of the Allahabad High Court in C. Misc. W.p. No. 9233 of 1980
Outcome
Appeal dismissed
Legal Topics
Succession, Bequeathal Under Will, Preferential Succession, Mutation of Land Records
Tenancy Law Succession Bequeathal Under Will Preferential Succession Mutation of Land Records

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Parties

Ram Jatan and Others

Appellants

Dy. Director of Consolidation and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 18.1.93 of the Allahabad High Court in C. Misc. W.p. No. 9233 of 1980

Legal Issues

  1. 1 Whether Section 24 of the Agra Tenancy Act governs succession when the deceased has executed a registered Will
  2. 2 Whether preferential succession rights exist for the brother under Section 24 when deceased bequeathed property by Will

Ratio Decidendi

There is no illegality in succession through registered Will as accepted by the Director of Consolidation and upheld by the High Court; Section 24 applies only to intestate succession and not where property is bequeathed by Will.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No costs.