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arvind (na)     02 June 2013

Contested mutation

can a patwari make entry in mutation register on the basis of unregistered home made fake WILL submitted my tayajis son , even if i have given an objection letter marked my tehsildar.without listening to me and not taken my statement as a legal heir of my deceased unmarried chachajis agricultural property.tehsildar forwarded the case to sdm.now my tayajis son name who submitted the fake unregistered WILL is showing in the mutation register for all the ancestral land owned by my chachaji.today when i asked my lawyer to apply stay on land for not to be used by my tayajis son,my lawyer said that we cannot get stay because the land is temporarily entered in tayajis son name.we can only get stay when the land will be entered in the name of all legal heir.

my question is , is this correct that i cannot get stay on land if the agricultaral land of chachaji is temporarily transfered in the name of tayajis son who submitted the fake will.can i still get stay.is my lawyer misguiding me.

plz help plz give your view on my case what can i do further.



 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 June 2013

Your lawyer is correct and is not misguiding you. The land is mutated on the basis of a valid will. If you feel that you were not given due opportunity of being heard then, challange that mutation entry. Also if you think that the will is fake then, challange it before the civil court and get a decree in your favor and then you can restrain your tayaji's son from using the land.

arvind (na)     03 June 2013

how to challange mutation entry.and about the will is fake then i am 100% percent sure its fake because the signature of my deceased chachajis

signature is totally different then they officially sign.the will was made after the death of my chachaji its 100% confermed.my question is, is this not a duty of tehsildar to take statement while entering name in the mutation register of the valid legal heir who are suffering.let me tell you one important point here that my chachaji was having 19 legal heir and i am one of them my chachaji was having two elder brothers that is my father and my tayaji.my tayaji died five years back,my father died six months back and now my chachaji died three months back from now.can i get a certified copy of the WILL from SDM office.the sdm office clerk has just given me the photocopy of the WILL submitted by my tayajis son.clerk said he cannot give the certified copy because it is not allowed to give.he said i can only get it from the civil court.is this true.

whats your assesment can i get my share in the ancestral agricultral land of deceased chachaji.one more thing i want to tell here we have taken good care of my chachaji for 24 long years.it was chachajis sudden demise without preparing any registered or unregistered WILL which led this tussle.nad my cousin brother got gready and submitted a fake WILL


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