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pankaj   28 September 2017

Dispute in case of registered will

My father have a property (house and agricultural land) in village sairi, in solan district (Himachal Pradesh). He died on 6th september 2017. He made a registered will of his property in my name in 2005. i have got one sister and one brother. my sister has no objection to the will but my brother has objection as he wants some share in it. I have submitted the death certificate and the copy of will in the patwari office for the mutation. patwari said all three of you will be called in naib tehsildar office for the statements. The possession of the property is with me. father was living alone there.

My question is that 1) if my brother not accept the will in presence of naib tehsildar. then will the tehsildar hold the case and not do the mutation in my name or not.

2) If tehsildar holds the mutation then what to do.



Learning

 31 Replies

Vijay Raj Mahajan (Advocate)     28 September 2017

Will has to be probated by the Civil Court before it becomes operational. The challange to its validity is also entertained by the Civil Court and decied before probating the Will.

The Tehsildar office has taken the mutuation case without checking if the Will is duly probated by the civil court itself is questionable issue. Any mutuation done without the probation of Will will be null and void.

SHREY DAMBHARE   28 September 2017

I agree with Mahajan Sir, Your case is premature. You should have obtained probate. Before Naib-tehsildar only this issue will be decided i.e. whether mustation in your favour should be granted or not? You did submit Will now wait for Naib-Tehsildar order. Once order comes you may appeal. But simultaneously you should do what Mahajan sir have written in thier opinion. 

Siddharth Srivastava (Advocate)     28 September 2017

You are required to obtain probate in respect of WILL. The consent of your brother is not required in any manner. If the WILL is genuine as is al;so apparant as the WILL is registered one then you are owner of the property bequeathed through WILL. 

Kumar Doab (FIN)     28 September 2017

It is mandatory to probate the WILL at areas of Bombay, Calcutta, Madras.............

It is not mandatory to probate the WILL at areas of Himachal Pradesh.

Kumar Doab (FIN)     28 September 2017

The WILL is registered and registered WILL is not easily set aside at least on the counts of authenticity.

The authority under whose jurisdiction property falls has simple procedure for such matters e.g; when in case deceased owner a valid WILL left by deceased owner  has surfaced as in your case....................i.e. 'Testate Succession'. The forms and procedure is available in O/o Authortiy and even on website.

 

Usually certified copy of WILL ( not original), death certificate, legal heir certificate/affidavit (per local precedence/procedure)  is to be submitted.

That you seem to have done.

The authority per IT's procedure may ask for NOC of all legal heirs (other than benficiary) and/or ask to release newspaper advt inviting objections in set time and/or may write to all all legal heirs (other than benficiary) to objections in set time and in case of NO objections it may act upon WILL since there is NO cloud on WILL and tranfer the property in the name of beneficiary.

 

 

Kumar Doab (FIN)     28 September 2017

Any WILL can be contested be it registered.

If contested, it may land up in probate court of pecuniary jurisdiction and court shall grant the probate.

Since the WILL is registered it may not be easily set aside.

It is not unusual and in such cases when deceased parent leaves valid WILL in favor of one child other child(ren) may agitate.

 

It is entirely upto you to agree to share property despite being beneficiary in registered WILL by say; registered family settlement deed.

It is your call.

 

Or let authority/probate court decide the matter.

 

 

Siddharth Srivastava (Advocate)     28 September 2017

Mr. Kumar Doab are you an advocate? You seem not to be advocate? Tehsildar can not decide the genuinely of WILL.

Kumar Doab (FIN)     28 September 2017

Mr. Sidharth Srivastava, Did I ever ask any query from you? Has the querist asked any query from you? Why are you asking questions? You should be aware that Tehsildar shall limit to NO objections to WILL hence NO cloud on WILL per IT's procedures, and in case there are objections WILL lands up in Probate Court. Isn't it well described above!

 

 

 

 

Kumar Doab (FIN)     28 September 2017

Dear LCI Querist Mr. Pankaj,

The property is bequeathed to you by a valid WILL and WILL is registered.

The property is under your possession.

Don’t give up possession.

Check certified copy of WILL is issued subsequent to registration by registering authority in your state or original.

Also check if you have submitted certified copy of WILL to Tehsildar or Original!

The registered WILL is not easily set aside atleast on the counts of authenticity.

Let your sister sign the NOC before tehsildar.

It is not mandatory to probate the WILL in your state.

 

 

 

 

Siddharth Srivastava (Advocate)     28 September 2017

Mr. Kumar Doab, donot misguide the innocent people who approach this platform to search the solution of their legal issues.

Kumar Doab (FIN)     28 September 2017

Mr. Sidharth Srivastava,You donot misguide the innocent people who approach this platform to search the solution of their  issues.  

Beyond this do not ever make any comment on me or my posts and anyone else.

If you have anything to post in any thread post and leave.

  

 

pankaj   29 September 2017

Dear All

Thanks for all your valuable advice.

pankaj   29 September 2017

Dear Mahajan Sir

How much time it will take to get the will probated through court.

pankaj   29 September 2017

Dear Mr. Kumar Doab Sir

If my brother forcefully break the locks of the house and try to get possession. Than what to do.

Or when i m in the house, if he come and try not to leave, than what can i do.


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