- (1.) HEARD Sri Anil Bhushan learned counsel for the petitioner and Sri Rahul Jain learned counsel for the respondent.
(2.) THIS writ petition has been filed seeking writ of certiorari for quashing the orders dated 28.10.2013, 10.10.2013 and 3.9.2012 passed by the opposite party nos. 2,3 and 4 respectively. The dispute in the present writ petition relates to Chak No.2337 recorded in the name of Iliyas, Vigyana Post and Pargana and Tahsil Budhana district Muzaffarnagar. On the death of the recorded tenure holder, two applications for mutation were filed. The first application was filed by the petitioner claiming on the basis of the registered will dated 16.8.2004 while the second application was filed by the respondent no.5 on the basis of succession by widow of the recorded tenure holder.
(3.) WITH regard to the registered will as set up by the petitioner who is the nephew of the deceased, the Consolidation Officer has recorded that only one marginal witness has been examined. The second marginal witness namely Sushil Kumar has submitted an affidavit, a perusal of which shows that he had signed without reading or understanding the contents of the will. He has also stated that he did not know the deceased Iliyas. The other suspicious circumstances noticed by the Consolidation Officer is that the will makes no provision for the maintenance of the widow and the daughter of the deceased. He merely states that the testator does not have confidence in his wife, daughter and in -laws. This is altogether vague and offers no explanation as to why the natural succession is being deviated from.;