High Court of Karnataka Quashes BBMP Rejection of Katha Change Based on Will — Property Transfer by Will Requires Mutation Entry Without Succession Certificate. The court held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for change of katha when the Will is not disputed.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 14:56:05

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Case Note & Summary

The petitioner, Rupa B.P., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 26.05.2018 issued by the Assistant Revenue Officer, BBMP (respondent No.1), which rejected her application for change of katha in respect of a property that originally belonged to her mother-in-law, Late Smt. A. Rajamma. The petitioner claimed that Smt. A. Rajamma had executed a Will dated 21.01.2004 in her favor, and after the testator's death, she became the owner. The BBMP rejected the application on the ground that the Will was not registered and no succession certificate was produced. The court examined the validity of the endorsement and held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for the purpose of mutation or katha change, especially when the Will is not disputed. The court observed that the BBMP's insistence on a succession certificate was arbitrary and without legal basis. Accordingly, the court quashed the endorsement and directed the respondents to consider the petitioner's application afresh and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of the order. The petition was allowed.

Headnote

A) Property Law - Katha Change - Will - Testamentary Succession - The petitioner sought change of katha in BBMP records based on a Will executed by her mother-in-law. The BBMP rejected the application stating that the Will was not registered and no succession certificate was produced. The court held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for mutation purposes, especially when the Will is not disputed. The endorsement was quashed and the BBMP was directed to consider the application afresh. (Paras 1-5)

B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The court exercised its writ jurisdiction to quash an administrative endorsement that was arbitrary and without legal basis. The court directed the respondent to reconsider the petitioner's application for katha change in accordance with law. (Paras 1-5)

Issue of Consideration

Whether the BBMP can reject an application for change of katha based on a Will without requiring a succession certificate or probate, and whether the endorsement rejecting the application is sustainable in law.

Final Decision

The writ petition is allowed. The endorsement dated 26.05.2018 (Annexure-A) is quashed. The respondents are directed to consider the petitioner's application for change of katha afresh and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

Law Points

Will
testamentary succession
katha change
mutation
BBMP
property records
succession certificate
probate
Articles 226 and 227 of Constitution of India

Case Details

NC: 2024:KHC:24778

WP No. 36471 of 2018 (LB-BMP)

2024-07-02

H.T. Narendra Prasad

NC: 2024:KHC:24778

Sri. Prasanna V R. for petitioner, Sri. K N Puttegowda for respondents

Rupa. B. P.

Assistant Revenue Officer, Rajajinagar, BBMP Ward No.108 and The Bruhath Bengaluru Mahanagara Palike

Nature of Litigation

Writ petition challenging rejection of application for change of katha in BBMP records based on a Will.

Remedy Sought

Quashing of endorsement dated 26.05.2018 and direction to enter petitioner's name in revenue records.

Filing Reason

The BBMP rejected the petitioner's application for change of katha on the ground that the Will was not registered and no succession certificate was produced.

Issues

Whether the BBMP's rejection of katha change application based on a Will without succession certificate is legally sustainable. Whether a Will is a valid document for mutation purposes without probate or succession certificate.

Submissions/Arguments

Petitioner argued that the Will dated 21.01.2004 executed by her mother-in-law in her favor is a valid testamentary document and she is entitled to have her name entered in the revenue records. Respondents contended that the Will was not registered and no succession certificate was produced, hence the rejection was justified.

Ratio Decidendi

A Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for the purpose of mutation or katha change, especially when the Will is not disputed. The rejection of the application on that ground is arbitrary and without legal basis.

Judgment Excerpts

In this writ petition, the petitioner has called in question the endorsement dated 26.05.2018 issued by respondent No.1 vide Annexure-A, whereby the request of the petitioner for change of Katha in respect of the petition scheduled property has been rejected. The case of the petitioner is that the petition schedule property belongs to Late Smt.A.Rajamma, who is the mother-in-law of the petitioner. The said Smt.A.Rajamma had executed a Will dated 21.01.2004 in favour of the petitioner.

Procedural History

The petitioner filed an application for change of katha before the Assistant Revenue Officer, BBMP, which was rejected by endorsement dated 26.05.2018. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India.