Transferring of land coz of will deed
PRASHANT
(Querist) 13 October 2012
This query is : Resolved
Dear,
i had a query plz help me in this...Sir my ancestors were zamindars and we have a land in city having several Gatas...there was a time when all the property belongs to my grandfather.
My grandmother made a house with her name and map (in municipality) in some part of that land and make a boundary (haata)
Rest of the property land were left and later got sold.
now, the property belongs to grandfather and after his death it moves to his two sons
now plz see.
My grandfather made a unregistered will in the name of his wife(grandmother) and later on my grandmother made a registered will in favor of my mother.
In the will deed by my grandmother..unregistered will is quoted as same as it was written by my grandfather.
Sir, i want that the house and boundary which is on several gatas and as per tehsil land record(khatauni) in the name of my late father and uncle can get transfer to my mothers name as per will..but due to ignorance of my grandmother her name is no where on khatauni..so i am unable to understand how can i transfer house and boundary land ..the only thing in the name of my grandmother is house as per municipality records.
::my father and my uncle both are dead..no more heirs of my grandfathers.
Please advice
Thanks.!!
Sudhir Kumar, Advocate
(Expert) 13 October 2012
at least your grandmother had stake on the property which she has transferred.
J K Agrawal
(Expert) 13 October 2012
you can transfer the property by force of will. The procedure is different in India and it depends that where your land situate. However in most of part of India you can file a suit for declaration before a civil (or revenue court as applicable)Court. The probate of will is not required in major part of India.
