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Preetam Thakur (MHA)     09 January 2018

1st will found doubtful but property has mutated by 2nd will

'A' got land property by Will dated 1985 in 1992 dies in 2007 leaving behind a Will of his entire land property including his ancestral property and the property got by Will, in favor of 'BB'. Revenue auth Mutate the property to 'BB' in 2009.

In the meantime the first Will dated 1985 in favor of 'A' is challenged by 'CCCC'. By that time, the property had already been mutated legally to 'A' and further to 'BB' after death of 'A'.

The property so mutated to 'BB' in 2009 now appears in the Kevat of 'BB' joint owners after Jamabandi of 2013-14.

A Court pronounces Jugement and decree in favor of 'CCCC' in 2018 against 'A' declaring the Will made in 1985 doubtful hence invalid.

Now question is, "Whether the judgement and decree pronounced against 'A' will apply mutatis mutandis on the property which is now part of the property of 'BB'?

With regards and thanks

Preetam Singh Thakur

 



 6 Replies

R.Ramachandran (Advocate)     09 January 2018

Please indicate whether the WILL by A was registered or not.

When (in which year) did CCCC challenge the WILL?

 

1 Like

N.K.Assumi (Advocate)     09 January 2018

Registration of will is not important as that is not mandatory. File appeal against the judgment of the court in favor of CCCC and also probate the second will. Note that doubting the first will can not affect the second will if it is genuine, let the appellate court decide the entire matter in appeal proceedings. 

1 Like

Preetam Thakur (MHA)     10 January 2018

Sirs,

Both the Wills are registered!

Preetam Thakur (MHA)     10 January 2018

Thanks Advocate SN K Assumi Sir;

Your opinion appears to be so right and suited.

Dr J C Vashista (Lawyer)     11 January 2018

Pure hypothecated academic story, otherwise consult your lawyer contesting the case.

1 Like

Preetam Thakur (MHA)     11 January 2018

Thanks Dr Vashista Sir;

It is Pure, Not Hythecated! The 30 years old case was remanded by H'ble High Court and the case pertains to 'A' not to 'BB'. The judgement has been delivered by the trial court against "A" not "BB". 
It appears that "BB" has no cause for action or locus standii until and unless the jugment is implemented and his land, so aquired form 'A' is given to 'CCCC'.
Your views please!
Thanks 

Preetam Singh Thaku


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