Verdict against registered will.
dhiraj
(Querist) 13 February 2014
This query is : Resolved
Dear sir my grandfather made a registered will 20Yrs ago. But my father made an application for mutation of property according to will.but the tahsildar has given a verdict that mutation should be done thr civil court as two other legal heirs have challenged will stating the property is ancestral.inspite of registered will. I want a solution for this. Also was the tahsidar decision correct . Can the mutation be done outside court , throug the tahsil office.
Advocate M.Bhadra
(Expert) 13 February 2014
If you like to muted as per WILL then granting of WILL must by the Court otherwise Tahasil Office may recorded as per Succession Act
SEC.2(h) of Indian Succession Act, 1925 provides that WILL means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time. -for executing the Will the person must be fully competent, as per Section 59 of the Indian Succession Act. -has to be signed by the executor of the Will and has to be attested by at least two witnesses. -Will under law is not required to be compulsory registered.
On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.
Devajyoti Barman
(Expert) 13 February 2014
First get probate of Will. Unless and untill Will is proved genuine you can not make mutation of the property.
dhiraj
(Querist) 13 February 2014
Thanks a lot adv bhadra sir.
dhiraj
(Querist) 13 February 2014
Dear devajyoti sir i have got an index copy of the registered will from the city land records office n attestd by competent person. Do u mean that court is only the option.
Dr J C Vashista
(Expert) 14 February 2014
I agree and appreciate the expert's advise.
Sudhir Kumar, Advocate
(Expert) 14 February 2014
no doubt that will is registered.
It appears that the right of grandfather to make this will is challenged. SO action of tehsildar is correct.
The validity of the will has to be proved in court.
Rajendra K Goyal
(Expert) 14 February 2014
Will need to be probated from court and after that it need to be presented to Tehsildar for Mutation.
ajay sethi
(Expert) 14 February 2014
decision of tehsildar is correct . since 2 other legal heirs have disputed right of grand father to bequeath property under will you have to apply for probate
Guest
(Expert) 14 February 2014
Ancestral property, from which generation?
T. Kalaiselvan, Advocate 
(Expert) 15 February 2014
Yes, I agree with the experts opinion that the tahsildar was right in rejecting the application for mutation based on the objections by other legal heirs. The only option available is that the Will has to be probated by a court of law, then necessary records can be created for inheritance of the property through the said Will.
