Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ravi yudha (ceo, non-profit org)     23 March 2021

Registered will without survey number for land

My grandfather wrote a registered will bequeathing all his agricultural properties to my father (he has 2 sisters). After my grandfather died, my father applied for patta transfer for transfer of agricultural properties in his name using the registered will.

The tahsildar has rejected the application stating that the will has no schedule of property detailing the agricultural land boundaries and survey numbers. The registered will was written about 20 years ago and at that time the document writer used generic language something like "all properties and lands" will go to my father without a property schedule list  

Is the will valid, if so why is the tahsildar rejecting it.

 

 



Learning

 1 Replies

SHIVEK J.   02 April 2021

Greetings,

It is well acknowledged that the existence of registered details of the property is hard to acquire, since the will is too old. It would be advisable that you hire a local property lawyer, who is able to do the land measures, documentation and find out the registered land that your father would be able to gain. With the help of the lawyer, get a search report made, this would be inclusive of the sale deed that your grandfather might’ve been a party to, when the deed was executed. Apart from this, even if the land is ancestral, the mutation certificate would be of great help. Moreover, the aksh (map) of the land can be drawn down by the firm you opt for. 

Apart from this, when it comes to the validity of the will, given that it is registered, there should be no hinderance caused by it.

Hope this helps you.

Regards

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