Smt. Kamla Khinchi W/o Shri Dilsukh Khinchi Vs Smt. Kamla W/o Panchu (Rajasthan High Court)
No Sale Beyond the Grave: Death Ends Authority -Rajasthan HC Cancels Land Transfer Based on Dead Man’s Power of Attorney
Background
The dispute relates to agricultural land originally belonging to five sons of Heera: Onkar, Rama, Sukhdeo, Suwa, & Panchu,-each held a 1/5th share. In 1988, all five executed a power of attorney in favour of Chandi Ram. On 09.06.1995, Chandi Ram sold the land to Sharda Devi & Nirmala Devi by a registered sale deed. Later, on 22.02.2006, the land was sold to the petitioner, Smt. Kamla Khinchi, & mutation was entered in her name.
Proceedings Before Authorities
In 2017, respondents (legal heirs of Panchu’s wife Kamla, since deceased) moved an application under Section 136, Rajasthan Land Revenue Act, 1956 before the Tehsildar. The Tehsildar allowed the application & cancelled petitioner’s mutation in favour of respondents (14.12.2017). The petitioner’s appeal before the Divisional Commissioner (07.12.2021) & the Board of Revenue (14.01.2025) was dismissed. Petitioner then approached the High Court under Article 226.
Petitioner’s Arguments
- Tehsildar acted without jurisdiction under Section 136, which applies only for clerical corrections—not substantive disputes.
- No show-cause notice issued before cancelling mutation.
- If respondents disputed the sale, remedy lay before Civil Court (for cancellation) or Revenue Court (u/s 188), not under Section 136.
- Relied on Municipal Board, Barmer v. State of Rajasthan (2015 (1) RRT 10) & Parmeshwar v. Naurang (DB SAW 1236/2022, decided 22.08.2024).
Respondents’ arguments
- Power of attorney ceased on 04.1990 (death of Panchu, one of the executants).
- Hence, Chandi Ram could not validly sell Panchu’s 1/5th share in 1995.
- Sale deed to that extent void under Section 201, Contract Act, 1872.
- Mutation based on invalid deed could not stand even if notice not issued.
- Relied on Ritesh Tiwari v. State of U.P. (2010) 10 SCC 677 & Maharaja Chintamani Saran Nath Shahdeo v. State of Bihar (1999) 8 SCC 16.
High Court Findings
