Up zamindari abolition act transfer of agricultural land
Chaudhry D
(Querist) 31 August 2013
This query is : Resolved
Mrs.Gayatri owns a agricultural land in UP and owned other properties in India. She died leaving a will (unregistered). The will has been probated and Executor to her will has been appointed by the KOLKATA HIGH COURT . Incidentally , the beneficiary under the will of agricultural land is the Executor himself .The The Nayak Tehsildar is refusing to transfer the land stating as per amendment to the ZA Act , the will has to be registered. Can a will after proving the same in High Court be refused on the ground that it is unregistered will. After all , a will registered or un-registered has to be proved and probate or Letters of Administration has to be obtained .Please guide me the correct status of law , and if any case law on transfer of agricultural land exists ?
prabhakar singh
(Expert) 31 August 2013
Such a WILL even probated would not be able to govern succession of properties being subject of UPZA,succession laid in the Act would be implemented.For other properties WILL holds good.
Rajendra K Goyal
(Expert) 01 September 2013
Agree with expert prabhakar singh ji, Unregistered Will does not cover the succession of properties under UPZA.
Chaudhry D
(Querist) 17 October 2013
Can the un-registered will be registered after the death of the woman making the will by the witnesses to meet the requirements of Section 169 (amended) of the UP ZA Act to govern succession of the agricultural land ?
prabhakar singh
(Expert) 17 October 2013
Yes, claiming party(beneficiary) under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar where registration has to take place. If the Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register the will.
It would be best that you choose subregistrar at calcutta,will having been already probated there,subregistrar at calcutta would register it forthwith,in UP they may bargain you.
Chaudhry D
(Querist) 18 October 2013
Yes , your suggestion is correct. The party will have to approach the Kolkata High Court who has granted the Executor (the Original will is with Kolkata High Court) to give directions to the Registrar to register the will and return the Original after registration to Kolkata High Court. Please confirm that based on the Certified copy of the Registered will , the Revenue Officials , would transfer the agricultural land in favour of the beneficiary . Thanks.
