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Ownership through court decree

(Querist) 03 May 2016 This query is : Resolved 
My father got his house property decreed in my name and gave possession to me in1991.since then I m living in that house. But I didn't got mutation done in my name in revenue records.In 2012 my brother got registered will signed from my father a nd got property mutation in his favour half share.pl advise will is effective or once my father has given full property to me through declaration suit and decreed in my favour is effective and enforcible in law.What remedy is available to me to get mutation in his favour revoked so that no complication is there in future.
Kappil Cchandna (Expert) 03 May 2016
Sir,

Get the certified copy of the decree and challenge that Will.

Warm Regards
Kapil Chandna Advocate
9899011450
https://kapilchandnaadvocate.wordpress.com/
pawan kumar (Querist) 03 May 2016
Sir I didn't get mutation recorded in my name.will it effect my position adversely
P. Venu (Expert) 04 May 2016
What do you mean by "My father got his house property decreed in my name and gave possession to me in 1991"?

Anyhow, the alleged Will can convey to the beneficiary only those properties which was vested with the testator at the time of his death.
P. Venu (Expert) 04 May 2016
Why you are posting different queries on same subject matter?
pawan kumar (Querist) 04 May 2016
Venuji will was made in respect of the property which was given to me through declaration suit and decree.
Hemant Agarwal (Expert) 04 May 2016
1. Will can be made of only those property, whose ownership stands in the name of the will-maker.

2. Since the property was legally passed on to you via a "court decree", the ownership of the property does not remain with the will-maker and HENCE the will-maker is legally not entitled to make any will of any non-existant right of such property. Such Will is legally null & void to that extent.

3. File another declaration suit, based on the earlier "court decree", for claim on the property and reversing the revenue records. This "reversing of the revenue record" can also be done thru collector office, after following due procedure of law.

4. Mutation can be done, ANY TIME, till alive and it does not effect any title-rights, whatsoever, more specifically so due to the "court decree".

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
pawan kumar (Querist) 04 May 2016
Thanks Hemant ji
pawan kumar (Querist) 04 May 2016
Hemant ji will was made of the same property which was mentioned in declaration suit and court decree.
Kumar Doab (Expert) 04 May 2016

The query is also posted at:

http://www.lawyersclubindia.com/experts/Transfer-of-property-through-declaration-suit-and-decree-597106.asp#.VymvftJcSko



Your queries have been replied.

Now you need to act.

You can also try by submitting the decree to MC Commissioner/Naib Tehsildar of MC and get the mutation cancelled.



Your own lawyer must have guided you.
pawan kumar (Querist) 04 May 2016
Tehsildar has already entered mutation on basis of will.Now when I approached with court decree he refused to act on decree.He asked me to go to court for getting mutation cancelled. Pl advise what to do
pawan kumar (Querist) 04 May 2016
Tehsildar has already entered mutation on basis of will.Now when I approached with court decree he refused to act on decree.He asked me to go to court for getting mutation cancelled. Pl advise what to do
Rajendra K Goyal (Expert) 04 May 2016
No reply if query repeated.
Kumar Doab (Expert) 04 May 2016
Engage an able counsel.
malipeddi jaggarao (Expert) 04 May 2016
If Tehsildar advice is in writing, you can approach the higher authorities if you are not satisfied with the reply or you may approach the court for directing mutation cancelling the existing one basing on the documentary evidence.


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