grandfather's Will
ashok
(Querist) 06 May 2015
This query is : Resolved
My grandfather(a retired judge) had written his will mentioning that he is sole owner of self acquired) agriculture and residential property Situated in HP His wife (my g/mother ) and four sons expired during his life time. His entire property be inherited to his only surviving son i. e my father. He further mentioned that he is of sound and stable mind and his will is written without any force, undue influence.
Unfortunately, before the will was presented for execution, the sole beneficiary ie my father also expired within a few months after my g/f demise. Sometimes later, along with other papers left by my late father, I found my father's and g/f separate wills. I being the only son and my mother being the other legal heirs of my father, had submitted both the wills along with death certificates, for execution with Area patwari and accordingly both the wills were executed and mutation of property was done by Tehsildar, Now after 5-6 years, thethe problem start, as when one of my cousins, the other grand children of my g/f, who is a NRI visited my place & enquired about grandfather's properties . my cousin got furious Hearing it, the mutation, which was done by Tehsildar and at that time, Tehsildar, verified the will by calling the witnesses who had signed as witness of g/f will. The cousin told me the g/f erred by excluding the names of his expired sons (my uncles)including cousin 's father, in the will. The said cousin being NRI has enough money & political power. Now, to cool down the conflict, and under local political ' leaders' pressure, I have given an undertaking on oath that "I have no objection iif property share(s) of other grandchildren of my g/f is mutated in their names."
Please advise can DC take action, directing the TehsilTehsildarfor cancelling the mutation if my said undertaking with my cousin is submitted to DC or other competent authority ?
kavksatyanarayana
(Expert) 06 May 2015
@author, what are the contents of the wills executed by your grand father and father. the contents are important in this case. consult a local lawyers with the copy of the wills of your father and grandfather.
Rajendra K Goyal
(Expert) 07 May 2015
When you are ready and given in writing that you are ready to share the property, the same would proceed accordingly.
However, if you are not interested, consult local lawyer, show him all the documents and proceed as per his advise.
ashok
(Querist) 07 May 2015
Sir, my father's will is in regards to his own self property and my g/f will is regarding his own self property. Both are on different footings In my query I am seeking advice,sir, can a Distt. Commissioner or any competent authority ' directs any Tehsildar under his jurisdiction , to cancel or to change the already attested a legally mutation, by Tehsildar of inherited property even if the owner of that property gives' undertaking 'on oath to any other person?
Please go through my query again. Thanks
malipeddi jaggarao
(Expert) 08 May 2015
As per the Will of your grand father, since it is the self-acquired property, nobody can challenge the Will in favour of any person and in this case your father. As regards your father's Will, it is also self-acquired property and the same rule applies. What made to give undertaking on oath? There must be some strong reason, which probably you are not disclosing. However, mere mutation will pass any title. It has to be supported by the title deeds. come with full facts or contact a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
You are not disclosing the facts while seeking advise here. It is incomplete information. Since you are not interested to furnish background details, you may consult your own lawyer or some other lawyer locally and get all the issues clarified properly.
SAINATH DEVALLA
(Expert) 09 May 2015
He is not comming out with the correct facts,I feel there is lot more involved in the property issue,which he not disclosing.About his G/Fs will also he is not clear.He has not mentioned about his grandfather's other grandchildren.Its only after the entry of his cousin he is panicking.
Even regarding his father's property he is hiding facts.
