Willed property
Querist :
Anonymous
(Querist) 27 February 2015
This query is : Resolved
The problem :
1. My grandmother was granted membership of a housing society , and alloted a plot of land, as a displaced person, by the govt. She constructed a house on the plot.
2. She willed the property to specifically two of her grand children, me and my cousin (1st Uncles son), while specifically excluding the 2nd uncle and his children from the property. She passed away in 1987.
3. Since my uncle's family has very modest means of income, they were staying and enjoying in the benefits of the property and are still staying there.
4. With a view to streamlining the documentation of the property, I sent a letter to the Housing society, along with a copy of the will, requesting for my name to be included as a member, I have the acknowledged copy of the letter with me.
5. The society committee members told me that my cousin was in the process of selling the property and has also taken advance from the buyer. The society has not yet given them the NOC.
6. Then, I got an official copy of the property card from the City Survey dept. To my shock, the ownership had been mutated in 2010, and my uncles family had mentioned their names there. This was done using an affidavit from them, wrongly mentioning my uncle as the only son of my grandmother.
In this situation, what should I do ?
R.K Nanda
(Expert) 27 February 2015
no reply to aq.
P. Venu
(Expert) 28 February 2015
Mutation effected in revenue or municipal records do not amount to loss of title to property.
Guest
(Expert) 28 February 2015
You need to challenge wrong mutation in the revenue records.
Querist :
Anonymous
(Querist) 28 February 2015
My name is Shrikant
Querist :
Anonymous
(Querist) 28 February 2015
svpdgod@gmail.com
Querist :
Anonymous
(Querist) 28 February 2015
That is my login email address
Querist :
Anonymous
(Querist) 28 February 2015
What should I do to
1. To ensure that my cousin is not able to sell the property
2. Get possession of my share of the property, as mentioned in the will
T. Kalaiselvan, Advocate
(Expert) 03 March 2015
You must acquire the property based on the Will or to file for grant of probate of Will in which an application restraining the respondents from alienating the property to be filed along with. You should act fast before the things are out of your hand/control, consult a local lawyer and proceed as per his further advise.
