Registered will

Parshuram (Querist) 15 February 2021 This query is : Resolved
My father Late Shri Dattaram Atmaram Sannake Owner Member of Society had made a Registered Will in 2008 and a Registered Gift Deed in 2010 which had mentioned 475 sqft built up, but my was not updated in Share Certificate till date of my father even though given several Complaints by him.
Ours Society land given by Collector under PWR 219 scheme. Fighting for my Membership with Society after death of my father atlast Order given by Regional Deputy Commissioner Samaj Kalyan Belapur in my name but not through Gift Deed but through Inheritance by mentioning in other letter saying Gift deed is not acceptable.
My cousins who have illegally occupied my 1 kitchen room had filed suit in 2010 which got disposed in 2016 by Decree Order.
Again they filed Appeal after 1 year after death of my father which is pending for objections which have mentioned we have received caveat by respondents. My father had made an executor in Will to his friend Son. Who is denying about having no knowledge about the caveat. Recently my Advocate made a notice unknowingly by taking Signature on it and submitted it to BMC Assessment and Collection Dept which mentioned the Cousins are my fathers brothers Children which was not as my father was alone Son to my Grand Father. After realising I made a complaint to bmc for Cancellation of Advocate Notice which was still not replied. I want to know what power does executor have and how to withdraw caveat. Can I withdraw it. My father friend son who is executor are ready to give NOC for not having any interest in Property. Is it right to take NOC and what should be the format. Also I have submitted my letter to Police to register FIR against illegal activities of tampering and Destroying Documents by Society Collusion with Cousins which was not registered since Nov 07 2020.
Recently again discovered that Sub Registrar had issued 2 index for Gift Deed by different Date and time. The original Gift Deed which have receipt and date same are without stamped and Annexures unregistered, but recently issued certified copy which have different Date. This means that they have cheated me.
What steps should I have to take. Please 🙏 help

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Quick Summary

This discussion revolves around a complex property dispute following the owner's death. The deceased had executed a registered will and a gift deed, but the society failed to update the share certificate. Subsequent legal orders favoured the heir through inheritance, not the gift deed. The heir is now facing challenges from cousins occupying part of the property, disputes over the executor's role, and discrepancies in official property documents, including potentially forged index entries for the gift deed. The heir seeks clarity on the executor's powers, how to withdraw a caveat, and the validity of an NOC, while also dealing with a police complaint for document tampering.

P. Venu (Expert) 16 February 2021
Facts, as posted lacks clarity. Please post simple facts.

Dr J C Vashista (Expert) 17 February 2021
Be precise and specific to your query.

Parshuram (Querist) 17 February 2021
My father Made a Registered Gift Deed in 2010. The only paper index 2 date 24.06.2010 which was not stamped and the annexure are not certified.
Recently I applied for Certified copy Of index. I found that the Date and Time are different means 23.06.2010. is it possible to make 2 Index for 1 Property or the sub Registrar had cheated who was managed by Society to grab Property

T. Kalaiselvan, Advocate (Expert) 29 May 2021
The details what you have given here are not cogent or convincing.
Your contents are actually confusing because at one place you state that he has written a Will and subsequently he had transferred the property by a registered gift deed.
Once a gift deed is made on the same property then there is no property left behind to acquire it through the Will by the beneficiary.
The Will becomes infructuous or devoid or bequeathed property hence not enforceable, therefore there is no question of the executor to execute the Will which is not enforceable.
Also it is not known who has filed the caveat and even if it is assumed that the caveat was filed by the opposite party, what difference it is going to mke now because the caveat is valid only for 90 days from the date of it was taken on the files of the court.
You have also not stated that whether you have filed any suit before any court, if so what was the suit and what is the relief for which you approached court.
There are lot of questions to be answered by you if you want a proper legal opinion, hence it would be better that you consult a lawyer either of this forum or outside on a private consultation by producing all the relevant documents before the lawyer on his/her terms.

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