Ancestral agricultural land
gaurav
(Querist) 01 July 2025
This query is : Resolved
I have ancestral agricultural land. My brother passed away 2023. Now someone forged a will and applied at tehsildar court, he gave in his favour. Now , I read will is only valid if there is legal division of property. It's not in this case. Also the will was registered post death. A fake notary will used to make it
T. Kalaiselvan, Advocate
(Expert) 02 July 2025
What is your question?
If some third party has grabbed your property you can fight it out legally
If somebody had created a fake Will and got the revenue records transferred you can submit an application to the concerned revenue department recording your objections and request to remove the same however if the revenue department is not entertaining your request then you may have to approach court for cancellation of the transfer of revenue records and apply for partition of the property between you and your siblings if you are entitled to any share in the property as a right
kavksatyanarayana
(Expert) 02 July 2025
You stated that someone forged the will, and it states that it is valid if there is a legal division of property. If a will is forged, then its contents are unnecessary. If it is registered after the death, the legal heirs will be informed before registration through a paper publication and a registered notice. If the property is in the name of your grandfather or your father, and the death certificates, and the legal heir certificate of your grandfather/father, you shall approach the District Collector in detail and request to remove the name of the fake person.
Sri Vijayan.A
(Expert) 02 July 2025
Raise your objections to RDO/ Dy.Collector and ask him to correct the revenue records.
gaurav
(Querist) 04 July 2025
Yes sir kvk Satyanarayana, a fake notary will was made and got registered, but I didn't receive any registered notice. But the burden of proof lies on me. So why to prove it when even the genuine will is null n void in undivided ancestral property. Property is currently in my and my bro's name. Many courts and supreme court on 22 april 2025 have given judgement about it
gaurav
(Querist) 04 July 2025
Mr kalaiselvan. Why to go for partition when I am entitled to my bro's share . Any will, be it legal or forged, is null n void in undivided ancestral property
Dr. J C Vashista
(Expert) 06 July 2025
The facts posted involve multiple issues such as creation of a will, transfer of title by Tehsildar, succession of legal representative of deceased so on and so forth.
Besides this, you have raised serious legal objection(s) to the opinion and advise of learned senior experts who have obliged on the basis of facts posted by you.
It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.
gaurav
(Querist) 09 July 2025
Sir j c vashishta, I haven't raised any objection, just sought clarification
Dr. J C Vashista
(Expert) 10 July 2025
Quote
"Yes sir kvk Satyanarayana, a fake notary will was made and got registered, but I didn't receive any registered notice. But the burden of proof lies on me. So why to prove it when even the genuine will is null n void in undivided ancestral property. Property is currently in my and my bro's name. Many courts and supreme court on 22 april 2025 have given judgement about it." Unquote
Subsequently you have posted, inter alia, that,
Quote
"Mr kalaiselvan. Why to go for partition when I am entitled to my bro's share . Any will, be it legal or forged, is null n void in undivided ancestral property" Unquote
Now you are stating that,
Quote
"Sir j c vashishta, I haven't raised any objection, just sought clarification" Unquote.
gaurav
(Querist) 10 July 2025
Mr j.c vashishta are u trying to solve the query or just pointing out things
gaurav
(Querist) 13 July 2025
When a posthumous registered will is illegal as its violation of 32 n 34 of registration act, can it be cancelled by civil court on this ground. If so , it must not take much time, maybe in s month?
