Will
ashok
(Querist) 27 July 2014
This query is : Resolved
BBMP issued khata in my name based on unregistered will of my father,
now BBMP is setting aside the order issued
for my khata stating reason it is a unregistered will
what steps I should take to get my khata
Devajyoti Barman
(Expert) 28 July 2014
This is your second query on different topic.
You are an advocate?
ashok
(Querist) 28 July 2014
no I am not an advocate
after the death of my father he left a will
unregistered stating that his own property to be transferred to his wife and after her the property to be tranferred to two sons giving 3/4th property to me and 1/4th to my brother
accordingly I applied for issue of khata in my mother's name,BBMP issued khata in mother's name mentioning khata issued on the of will. My mother died and I approached BBMP for issue of Khata for my portion and they issued my khata and collected tax also. My brother applied for cancellation of khata to BBMP stating that
I have done forgery of my father's signature and created will.
now BBMP has set aside order issued to me
and states that khata is reverted back to my mother giving reason that it is an unregistered will
in the above circumstances what I should do
get my khata issued to me
P. Venu
(Expert) 28 July 2014
A will has legal effect irrespective of whether it is registered or not.
ajay sethi
(Expert) 28 July 2014
you will have to apply for probate of will as there is dispute as to genuine ness of the will
Anirudh
(Expert) 28 July 2014
1. Whether the WILL left by your father contains signature of two attesting Witnesses?
2. IF so, then, as suggested by Mr. Ajay Sethi, you have to apply for probate of the WILL before the District Court. In the Probate petition, you will indicate all the legal heirs of your father / mother - i.e. you, your brother(s), your sister(s) etc.
3. The Court will serve the notice of the Probate Petition to all the legal heirs. After giving them opportunity to put their objections, if any and after examining all the documents, the Court will either grant you Probate (i.e. authenticate the WILL) or reject the WILL.
4. If WILL is approved, the mutation done by the BBMP in favour of mother will be valid. Similarly, on the basis of the Probated WILL, BBMP can be requested to mutate 3/4th of the property in your name. BBMP will do it in your favour, as there is approval of the WILL by the Court.
5. In case the Court does not grant probate of the WILL in your favour, then you can decide either to go in Appeal against such an order, or try to get the property divided in equal share between you and your brother(s) and sister(s).
T. Kalaiselvan, Advocate 
(Expert) 29 July 2014
I agree with the views of experts Mr. Sethi and Mr. Anirudh that owing to the objection by the co-sharer, the BBMP authorities have cancelled the Katha, therefore to establish your share in the property as per the recital of Will, you may have to obtain grant of probate order through a court of law which will enable you to get the desired requirement done in your favor.
ashok
(Querist) 29 July 2014
when BBMP says it has no jurisdiction on deciding genuinity of the Will,how can cancell the second part of Khata issued (first part i.e transfer from father to mother is also issued on the basis of Will?(how can they refund uptodate tax collected from me)can I sue them also?
Biswanath Roy
(Expert) 05 August 2014
You can call for clarification from BBMP that when the question of genuineity of the will arises due to which issuance of khata relating to your portion in the property was cancelled how on the basis of said disputed will BBMP issued Khata in favor of your mother?
