Pushpa Rani (New Lawyer) 15 August 2009

WILL, CHALLENGE, PROBATE & MUTATION

Testator died in 2004, validity of will has been challenged since 2005 and court verdict is pending. 2 months back beneficiary ganged up with corrupt Tehsildar and got mutation registered in his favour. Tehsildar is not ready to cancel the mutation. Status of probate granted or not is unknown, could it occur secretly specially when will is challenged? What are the options in these circumstances?

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Shyam Ji Srivastava (Practising Lawyer) 16 August 2009

Dear Aji,

First of all before going to take help from this Forum you must mention that matter is realted from which state. every state has local laws. becoz I belong to U. P. hence in UP You may file Declaratory suit before the SDM Courtu/s 229 B of ZALR ACT. If you do not belong UP you may approach local lawyer for help. Mutation by Terhsildar does not declare TITLE. Hence you need not to worry. In another you can file file APPEAL againsat the Mutation order passed by Tehsildar.

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Deekshitulu.V.S.R (B.Sc, B.L) 19 August 2009

You must understand that as long as the matter is pending in a court of law, any mutation is subject to the result of the suit. I may further state that the mutations are not conclusive prooof of the contents thereof and have a weak value in a court of law. Hence do not worry and do your job in court.

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