Saroj Das v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/144/2025 Saroj Das Vs.

The Andaman and Nicobar Administration and Others Mr. Lokesh Chezian .... for the petitioner Ms. Babita Das ... for the respondents March 18, 2025 [SR] Item No.2 1.

The application for mutation dated 03.02.2025 is pending before the Tehsildar, Sri Vijaya Puram. It is submitted that all the co-sharers have given consent.

2.

Learned counsel for the respondents has referred to Annexure P-6 a document showing the status of the application. Attention is drawn to the point nos.3 and 4 of the remarks column.

3.

Insofar as the expression of the village concern, the Tehsildar may call for all the interested parties so as to dispel the doubt the authenticity of the Will and its execution. 4.

Unless there is a statute prohibiting transfer of property by a Will, the Tehsildar cannot deny such transfer merely because the property was bequeathed in favour of an outsider. Will is a recognized and acceptable mode of transfer of properties by the testator in favour of the beneficiary. The beneficiary may not be a legal heirs or close relative of the testator.

5.

The Tehsildar, upon notice to the legal heirs of the testator and all other persons whose presence is desired and

after giving an opportunity of hearing to such persons including the writ petitioner and shall dispose of the application for mutation in accordance with law by a reasoned order within a period of eight weeks from the date of communication of this order.

6.

Since no affidavit has been called for, the allegations contained in the writ petition are deemed to have been denied by the respondents.

7.

The writ petition stands disposed of on the above terms. However, there shall be no order as to costs. ( Soumen Sen, J. )