Karnataka HC Directs Land Records To Name Deceased Grantee As Ramakrishna Tapovana Manager, Leaving His Widow And Daughters’ Property Rights Open

The petitioners, claiming to be the legal representatives of late Sri Swamy Shraddhanandaji, challenged revenue orders declining to enter their names in the records for the subject land and sought a direction to that effect

They relied on an Official Memorandum dated 7 January 1975 and a Grant Certificate dated 11 June 1984, while respondent No. 4 contended that the land had been granted to Sri Shraddhanandaji as manager of Sri Ramakrishna Tapovana, not in his individual capacity

The petitioners had also filed O.S. No. 277 of 2020 seeking a permanent injunction concerning the property

The petition was brought under Article 226 of the Constitution of India

The Court cited no specific statute or precedent as the basis for its decision. It relied on the description of the grantee in the Official Memorandum and Grant Certificate, and confined its direction to recording that description in the revenue records; it expressly left the parties’ rights and title to be established in appropriate proceedings

The Grant Certificate identified the grantee as “Sri Swamy Shraddhanandaji, Manager, Sri Ramakrishna Tapovana, Sathanur Village, Mandya Taluk”

In light of that description, the Court directed the authorities to make the revenue entry in those terms, rather than in the petitioners’ names.

Because the parties disputed whether the grant was made to Sri Shraddhanandaji personally or in his capacity as manager, and the petitioners had a pending civil suit, the Court declined to express an opinion on title and left the parties to establish their respective rights in that suit or otherwise in accordance with law

The direction was without prejudice to either side’s right to establish its claim to the property; the Court made no determination of title