Rakshita (Analyst) 06 June 2018

Property registry

Hi,

My grandfather died a couple of years ago. In his will, the house got divided into two parts - one for my father and his brother. The original will is with my father's brother. My dad has the xerox copy. They haven't yet dont the registry of the property.

My father's brother is a greedy man. He already took a lot of cash and acquired grandmother's jwellery. I am scared his intentions aren't good here as well.

I am not aware of the entire information of how property mutation and further documentation works. I am looking for the following answers:
1) Can he cheat and acquire my dad's share of the house? Is it possible that he might have already done that?
2) What steps should we take? What should we go and ask the Tehsildar?
3) How to get the registry done without asking the original will copy from his brother? He is a nuinance and doesn't talk logically. It is a very great deal and mental torture to ask him for the original will papers.

Please advice me. My parent's have no other place to live. I am their daughter and I live in a different city. How can I help them ?

Thanks,
Raksh*ta

Reply Follow

6 Replies

Adv Deepak Joshi +917017821512 (Advocate) 07 June 2018

Please call me personally between 5 PM to 7 PM.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 June 2018

Get mutation done on the basis of WILL. Copy can be produced along with mutation application. Mutation is the change of title ownership from one person to another when the property is sold or transferred. By mutating a property, the new owner gets the title of the property recorded on his/her name in the land revenue department and the government is able to charge property tax from the rightful owner.

One needs to get mutation done and get the new owner details updated in the revenue records maintained by civic bodies like Municipalities, Panchayats or Municipal Corporations.

R.Ramachandran (Advocate) 07 June 2018

It is not clear in which place the property is located. This is necessary to know whether the WILL is required to be probated or not.

Only after knowing this, further steps can be suggested.

Adv. Aditya (Litigator GROSON ADVISORS) 07 June 2018

1. Yes ofcourse, he 'can'. Has he already done it? it cannot be said so with only the provided information.

2. mutation. that should be done. try e-mutation for the place where the property is.

also, in your other post you have mentioned 4 brothers and 3 sisters, out of whom one brother has demised, so what about other children? the will finds mention about them too? just curious.

3. file a case for probate. sec 237 of indian succesion act may be of some help.

also, the conduct of your father's brothe for mutation and probate will further solidfy true intentions.

hope this helps.

Rakshita (Analyst) 07 June 2018

The location is Udaipur, Rajasthan. In the will he has mentioned about the sisters and other brother as well. They have got their share so that is not a concern. Does mutation means registry as well ?