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mohinder (sr manager)     18 December 2010

Ancestral Property sale

Dear Advocate

Can you please guide me my situation is like this .Our house was on mothers name and she expired 12 years back but my father is still alive.I am a Sikh from Punjab

I have 2 brothers and 1 sister ,father stays with my brother and he is very sick and he listens to them and not me.Now they want to sell the house.I always stayed away all these years in a different state and city at my place of work .My mother had told me that she has a made a WILL but i never saw the WILL nor i know if Will was registered or not ?I saw the house tax FORM TS-1 issued next year after the death of my mother contains all the 4 names including mine ( 3 brothers and one sister) . I do not have copy of that.My father's name is not there in that FORM TS-1 issued by the municipality.

Now they say my name is not in the WILL but they will give me my share if house sale proceeds are divided by 5 instead of 4 (They want to take out my fathers share and divide it among themselves).I feel my mothers WILL was registered and they are not giving me correct information,and after her death my father executed the WILL and submitted it to the Municipal corporation and they incorporated all the 4 names as per WILL in their records and now they are trying to blackmail me so that they can swindle one share of the house(fathers share)

How did all the 4 names appear in the Register of house tax-TS-1 after my mother's death?It cant happen on its own? Do you think it would have been possible for all the names to appear in the TS-1 without the registered WILL? If so how? May be now they have made a fake  WILL back dated to cheat me and blackmail me ? How are names of legal heirs registered, after a persons death, in FORM TS-1 in case of registered WILL,in case of UNREGISTERED WILL and in case of no WILL? The house is yet  to be registerd on our names before it is sold.

Kindly throw some light on this issue.I shall be very thankful to you for an early reply.

Thanking you

mohinder



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 December 2010

On the basis of a valid will, registered or unregistered, the property can be mutated in the names of the persons named in the will.  See the property extracts and mutation entries. 

mohinder (sr manager)     18 December 2010

Adv.Archana, Thanks for your reply


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