Mutation not getting transferred through registered will
Jeevanjot Singh
(Querist) 16 September 2016
This query is : Resolved
My Aunt (My father's sister) left registered will on my name for property pertains to cantonment board. in 2003 through family settlement in court she given her adopted girl (however not legally) his share of property and declared she has no right on her property in future in settlement and as well as in registered will. now cantt board is not transferring property on my name since she is not paying taxes of his share of property which is located all together different places and cantt board are not doing mutation on my name from last 10 months and finding something fishy. what can i do and how to deal with cantt board and want to know if that adopted girl can make some obligation while transferring property on my name.
Raj Kumar Makkad
(Expert) 16 September 2016
You should obtain the written objections for not entering your mutation in the record and only the basis of those objections, future course of action can be decided. merely oral replies shall not work. Your query otherwise is also full of assumptions and presumptions. be definite and get definite reply.
Kumar Doab
(Expert) 17 September 2016
The query may be drafted properly so as to convey a clear message.
You may post clearly:
Is Aunt alive or deceased?
Is Non payment of taxes only reason for refusing mutation?
If daughter ( not adopted legally as per you) has already received separate property/share then how and why mutation to you is refused?
Rajendra K Goyal
(Expert) 17 September 2016
Author need to reply basic questions from the expert Kumar Doab.
Jeevanjot Singh
(Querist) 12 October 2016
Dear sir,
cantt board staff not coperating at all, i am visiting there again and again and for some and the other reason they are just delaying it. my aunt is deceased and house is under my custody. there are no issue. might be they are expecting bribe since there are local people which works in the department they know me. perhaps they think that i am going to sell the property so they are getting greedy to get more money from me as a bribe. pl. help where i can and appeal in that case.
Rajendra K Goyal
(Expert) 12 October 2016
Have you met higher officials of Board?
Use RTI to get the details of objections and reasons for not transferring.
Kumar Doab
(Expert) 12 October 2016
If Aunt is deceased then WILL can be submitted to act upon.
If you are unable to resolve, approach a local counsel.
Rajendra K Goyal
(Expert) 12 October 2016
If your aunt has not adopted legally, how she adopted that daughter, through customary social function or otherwise?
How you mention it as not legal adoption?
Whether any daughter claimed to be adopted can be given up / adoption cancelled in family settlement?
Who were the parties to family settlement?
How consent of daughter was sought for cancelling adoption?
Whether the fact was approved by court?
The fact can not be commented legally till all related documents are referred.
Discuss with local lawyer.
However the fact of adoption exist and can be proved through the family settlement deed.
When the will was executed and registered? Before so called family settlement or after that settlement?
All documents need to be referred in detail, please show to a local lawyer and discuss.
Kumar Doab
(Expert) 12 October 2016
You have posted that:
"in 2003 through family settlement in court she given her adopted girl (however not legally) his share of property and declared she has no right on her property in future in settlement and as well as in registered will. "
So apparently:
---The WILL is signed and registered before settlement deed? However you may Confirm!
---The property mentioned in WILL and settlement deed are different.Confirm.
Respond to points raised by Expert Mr. Goyal.
Jeevanjot Singh
(Querist) 12 October 2016
Dear Sir,
I am only facing issue to get my cantt board property transfer on my name through cantt board tax department. i have written so many emails and visited their office but they are not responding. when ever i go there i urge to meet CEO but they always make lame excuses. When i say i want to file RTI or give me details where i can file RTI against cantt board office. they dont provide or even nobody sits in RTI department there and contact no. given on website of cantt doesn't respond to calls. what can be done in this case. i have tried filing RTI online under defense category and grievance in pg portal but nobody is responding.
Kumar Doab
(Expert) 12 October 2016
Send letter by redg. post.
Rajendra K Goyal
(Expert) 13 October 2016
You can send RTI to Public Information Officer __(name of Board)____ Cantt. Board _(place)______ through Registered post enclosing required fee postal order / draft.
Kumar Doab
(Expert) 13 October 2016
"since she is not paying taxes of his share of property "
Get a notice issued to her, if you want.
