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Thirumalai Gautam   24 August 2025

Conversion from joint patta to separate patta through registered will between my brother

My Father passed in 2020 and he had an Registered  two Will. One for my Brother and another for me

After his Death, Myself and my brother got Joint Patta through the registered Will. Later we had posseddsion in their respective defined Boundaries with EB / water / property tax in our names 

Now I am planning for a Separate Patta from Joint Patta, My brother is threatening my that he will object that survey needs to be done by Court since he has dispute on Registered will. And he has local Influence  in our Town 

 Since we have full possession and relevant Docuemtns Still we need NOC from him for Land Survey 

Documents we have : 

Registered Will with boundaries 

Patta /Chitta/Separate EB / Water / Property Tax.

How can I handle this Suitation ?



 14 Replies

T. Kalaiselvan, Advocate (Advocate)     24 August 2025

You may have to apply for separate patta on your name in respect of the property bequeathed to you by registered Will.

If he is objecting then the Tehsildar will conduct enquiry and dispose the same on merits. You first apply for it.

1 Like

Thirumalai Gautam   24 August 2025

Thank you Sir for Input 

Any preventive Legal step to be taken?

kavksatyanarayana (subregistrar/supdt.(retired))     24 August 2025

If any person executes two wills, the latest will come into force and the first will be automatically cancelled.  So how two will there be?

T. Kalaiselvan, Advocate (Advocate)     24 August 2025

I endorse the views expressed by learned expert Mr. KAVK Satyanarayana sir in this regard.

However, two wills for two sons and two properties can be valid, but only the last executed will is generally considered valid, with earlier wills being revoked by later ones. If both wills are executed on the same day and deal with different properties, the beneficiaries would need to seek a court's decision to enforce them together, which could result in the court deciding on one will only. To avoid confusion.

If two wills were executed on the same day and deal with different properties, the beneficiaries must go to court to have them enforced together. The court will then consider both wills and may issue a decision based on one will.

Thirumalai Gautam   24 August 2025

Sir

My Father separated his Land and divided into 2

Half land described in One will for me and other land will for my Brother

Both the Wills have Boundaries defined and registered in Register Office 

 

Only thing is Separate Patta my brother is Objecting not to do since he is local and using my Land as Trespassing 

Dr. J C Vashista (Advocate )     25 August 2025

You have stated, inter alia, that,

"My Father separated his Land and divided into 2 Half land described in One will for me and other land will for my Brother

Both the Wills have Boundaries defined and registered in Register Office..........." 

Any number of property (ies) can be included in solo (single) document of will. Just for the sake of understanding factual position and arguments if your father has made two different wills what is the probable reason for getting two different wills for any property ?

Whether both the Wills have been registered on the same day/ date & time ? 

It is appropriate to show the documents (Both Wills) to a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

Thirumalai Gautam   25 August 2025

Hi Sir,

One will for Elder Brother and his land Boundaries 

One will for Me with my Land Boundaries defined 

Will is done on Same day and Consecutive Numbers..When we wasin  Bed ..he gave our Respective Will to us

So We are Independently on our Will

 

Is this Clear ?

P. Venu (Advocate)     25 August 2025

Was it a Will or a settlement deed? Was the deed registered?

Please verify.

Thirumalai Gautam   25 August 2025

Yes..It is a Registered Will, possesion came to us after Father Demise 

Not a settlement Deed

T. Kalaiselvan, Advocate (Advocate)     26 August 2025

There has to be a single ' WILL', even though there may be different executors/beneficiaries for different properties.

If testator has made two or more Wills then the last Will shall only be legally valid.  Whatever properties mentioned in that last Will only shall be taken into account even if you apply for probate.  

The problem with multiple wills is that the testator may not have their assets distributed according to their wishes. The court will use the most recent version of the will to distribute assets. Those who have created multiple wills should destroy previous versions to avoid this situation upon their death.

Only the latest Will can be probated and as far as the other Wills are concerned they may be treated as cancelled in view of the latest Will, and the properties bequeathed in the previous Wills, if do not appear in the latest Will, ,may be considered as intestate properties of the deceased.

1 Like

Dr. J C Vashista (Advocate )     26 August 2025

Whether there is solo or double will / its or their executor(s) the document(s) has to be perused  since nothing can be presumed before forming proper opinion and oblige.

Thirumalai Gautam   26 August 2025

Thank you for your Opinion 

P. Venu (Advocate)     26 August 2025

Yes the documents need to perused to provide any meaningful suggestion.

Thirumalai Gautam   27 August 2025

Thank You All for your Inputs


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