Regarding mutation of property..............

Querist : Anonymous (Querist) 18 February 2018 This query is : Resolved
Respecteds ,
What if the Will in Registered in one state and the owner of the WILL has his properties in other state also. Should this Will be valid in other state also.? in case no objection certificates are not given by other legal heirs.where the Will is registered .Legal Heirs has filed the objections & the cases are still pending in lower courts . Is this possible that the other party can do mutation of property in other state without calling the other legal heirs ? Is the revenue department is Authorised transfer the property without notify the other legal heirs.? Please help me in this case.................

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Vijay Raj Mahajan (Expert) 18 February 2018
Firstly if the case with regard to probation of Will is sub-judice any process with regard to mutation of the property should not be done. For this the heirs who challenged the probation of Will should get a stay order for any changes of the record concerning the property in question including its mutation from the civil court where the probation proceedings are going. Secondly the probation of Will can take place in the civil court where the Will was executed by the testator although the property in the Will can be situated at another station/city/district/state. The complete execution of Will can not be done unless the Will get probated and that may take long period being a civil proceedings in the civil court.

adv. rajeev ( rajoo ) (Expert) 18 February 2018
If there is no stay from the court, revenue authorities can mutuate the property in the name of a person who has got will.

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