Mutation under a unregistered will
raokn
(Querist) 23 February 2015
This query is : Resolved
Dear Sirs,
If the corporation refuses to mutate the ownership of a property obtained under a "will" can we get a stay order from High Court,as ,even an unregistered "Will" is very much legally valid,when properly witnessed and executed and registration of a "Will"is not compulsory under the law????
B K Raghavendra Rao
(Expert) 23 February 2015
You cannot get a stay order. If the corporation refuses to mutate the ownership, it ought to have given some reason for the same. This reply can be challenged in a civil court and seek mandamus injunction to direct the corporation to change the name of the owner. If it is in the form of an order, you may challenge it in the Appellate Tribunal.
But, basically you are not approaching a relevant forum. If there is a will and the author of the will is dead, then the beneficiaries of the will need to obtain a probate and succession certificate from the jurisdictional civil court competent to issue such a certificate. With such a succession certificate, you need to approach the corporation for change in the name of the owner. If they refuse at that stage, you may approach the high court with a writ of mandamus.
prabhakar singh
(Expert) 23 February 2015
HAVE YOU FILLED AFFIDAVIT OF ONE ATTESTING WITNESS TO PROVE THE WILL?
IS THERE ANY RIVAL CLAIMANT BEFORE CORPORATION?
IF YOUR ANSWER TO FIRST QUESTION IS 'YES' AND 'NO' TO SECOND YOU MAY SEEK A MANDATORY DIRECTION OF COURT BY A LAW SUIT OF INJUNCTION BUT ONLY WHEN IN YOUR JURISDICTION PROBATE OR LOA IS NOT A MANDATORY NEED OTHERWISE YOU NEED TO APPLY FOR THE SAME.
BEFORE FILING OF SUIT 02 MONTHS NOTICE WOULD BE REQUIRED TO BE SERVED ON CORPORATION,AND SUIT MUST BE FILED WITH IN 06 MONTHS FROM THE DATE OF SERVICE.
A WRIT MIGHT BE DENIED BY HIGH COURT AS SUIT LIES.
VISIT A LOCAL LAWYER FIRST.
ajay sethi
(Expert) 23 February 2015
where are you located ? is probate mandatory in your city? please note that in MUMbai , Kolkata , Chennai probate is mandatory . apply for probate of will . it is judicial proof that will is genuine
Rajendra K Goyal
(Expert) 24 February 2015
You have not mentioned the reason of refusal by the corporation.
You can move to get the will probated and apply to corporation later.
T. Kalaiselvan, Advocate
(Expert) 26 February 2015
You did a mistake of approaching the authorities directly with the Will and an application for mutation of records on the basis of Will, instead you could have obtained grant of probate from competent court which will confirm the beneficiaries and the benefits of Will by its contents, upon which the corporation authorities are obliged to mutate the records. Now you may proceed as advised by experts above.
