Pappu (student) 10 September 2011

Validation of a registered property which is registered will

Hello Sir, have a small quiery..My grand father willed and registered some land to my father..but now we found that later after few years of will registration , my grand father has sold that land to some other person..and even after 50years it is still on my grand fathers name..in the registrar office they refused to give EC on that land as it was sold to some other person..I dont know how true it is whethere my grand father really sold it or not..Is it necessary to cancel a registered will to sell that property? if that registered will is not cancelled can we claim that property? i would like to know ur valuable suggestions..advise..

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Darshan Panchal (Advocate) 10 September 2011

if ur grandfather sold the property, the provision of the same in will automatically came to an end, since it was to be develved upon ur father only upon ur grandpa's death and during his lifetime he disposed it off. So the provision became regardless. So far as the revenue record and mutation entry is concerned, if the authorities are not providing the same to u, u may apply to higher authorities and also can take help of RTI. They can not refuse info to you.

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Pappu (student) 11 September 2011

Many thanks for ur advise sir. We belong to surveyor caste. in 1951 my grand father wrote his will and got registered in favour of my father..but in the registrar office..they told that..in 1961 that property was sold to some X(worked as PP advocate for 30y)...but after selling the name in the adangal was not changed and it remains the same on my grand father name..In 1981 that X's mother wrote a Will mentioning that our property was inherited by her from her husband..and he got that from his ancestors..and the will was registered..It clearly stated that..she is willing to give all her property to his son "X"...as a legal inheritance after her death..from other persons i came to know that..that 'X' tried to get a passbook..but he couldnt as the adangal still says that..it belongs to my grand father..in 1999 that same 'X' sold that property to some 'Y' ...and right now that land is open and clear..under their control..but we came to know that..in the adangal it is written on my grand fathers name..even online land records...my father applied for passbook and we r waiting for that..to come..our hope is that..if the registered will isnt cancelled how my grandfather can really sell that property..and neither 'X' nor 'Y' is having any passbook...and the interesting thing is..that 'X' clearly wrote in the documents that..he is selling his property which he got from his mother (will)...but he is the person who bought that in 1961..He wrote this in the documents and registered while selling his property to "Y"..why didnt he mention that he bought that..? Please help me sir am confused...