What laws will be applied in mutation of names in khewat for a NON ZA land in UP and is it true that Tehsildars have no jurisdiction for mutation of a non ZA land ? Thanks.
After the death of Khewat , Can a share holder make a will of the property when other share holders have died too Also the Khewat Owner has died without making any will and there is no legal heir now.
What happens to the validity of a Khewat after Khewat owner dies and can the mutation of property happen in the name of beneficiaries of the registered Will of dead khewat owner?
Can i file a case directly in the high court without filing it in the district civil court?
My father took care of a woman in her old ages for 10 years till her death . Humbled by the care that my dad took of her She that of her son , she willed her entire zamindari Property equally to her son and my father in the year 2000. A year after in 2001 she died. Some 5 years after her Son died of mental illness. My dad took to local TEHSIL n the year 2012 to get the property transferred to his name. But just then ,the Woman's daughter objected the transfer ( or someone unknown on her behalf did that fakely) despite the fact that her mother named nothing to her daughter who appeared all of a sudden . 2 years of hearing at local TEHSIL , the Lekhpal filed his report in our favor as no one appeared from the opposition party even for a single hearing. Also we produced all proofs (latest will) , witnesses and thus it appeared an open shut case to us. Though all these positive developments the TEHSILDAAR , said it was out of his authority to transfer the property under my dad's name . So he transferred it to SDM office. The SDM conducted his own inquiry and factfindings . Still no one appeared from the opposition party , hence The Government lawyer filed his report in my Dad's favor. Now besides all these developments the SDM is reluctant to transfer the property in my father's name . Every day my father who is sick health wise and exhausted mentally goes to the SDM office who simply assures my dad that he will do it but does nothing. Asks my father to come next day and when he visits the office most of the times SDM was absent or gives the false assurance. My dad spent all his savings on the case . Paying the lawyers who now seems knew nothing and were just fooling my dad. SDM . We aren't well off economically and most of our money is spent on mine and other 3 of my sibling's education. We clearly have a hint that the SDM expects a huge bribe from us, but we cant do that. So how can we get this thing done. 2.) How strong is our case? 3.) Does Zamindari Abolishment has anything to do with it and can that prevent us from getting our work done. 3.) What can we do if SDM is not doing what he is supposed to do in this case. Hope , someone would help us out with his knowledge.
Thank You.
Mutationof land
Is mutation of land (Non-Agricultural) necessary if i have the khewat and registered will (Gift deed). Can i sell the land without Mutation? If , then what more aspects i would need to take care of ? Thanks.