mutation of property


I applied in local body in 2018 for mutation of my father's house for which I have registered will from my father. My brother made objection in local body. From last one year, after multiple RTI applications, I got to know from local body that my case is with their lawyer for legal advice from a year and There is no deadline of legal advice time. I have not given any copy of objection document, raised by my brother. No any will is there, apart from this will with me or my brother. I had complained up to Director- local bodies but everybody is giving same reply that case is under legal advice. It has been one year. What should I do??
 
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Dear Querist,

You may serve legal notice to the local bodies for not working as per law of land, this wrong that there is no time limit for legal opinion.

Adv Deepak Joshi

9456777600

 
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This is self acquired property of my father. He was sole owner of it. Uneven wrote to local bodies that they may reject my application, If they find any thing wrong but they are not rejecting it. I think they have been given bribe so that They keep the case on hold and I agree to my brother's conditions. I am sure they will not reply of notice.
 
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Advocate

Sir,

 

The right course of action is to get he WILL probated. 

But in abovementioned circumstances, file a Writ of Mandamus before the High Court. 

 

Thanks & Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 
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Lawyer

Where is the property located ?

Is the property self acquired of the deceased (your father) ?

Whether will has been probated or not ?

 
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Sir Property is in Rajasthan state under nagar palika local body. It is purely self acquired property of my father. Will has not been probated till. My father expired in 2018. I did not go for the probate of the will because It was the only will and it was registered with sub registrar in 2012. My brother did objected it in six years so I did not go for probate.
 
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Retired employee.

Search in Nagar Palika Website, they have a Citizen Charter, fixing the time frame within which the mutation has to be done.   Failing to attend the work within a time frame given amounts to a deficiency of services.   Issue a Notice under CP Act for deficiency of service in not mutating the property within a time frame of .......days, even after taking consideration of mutation fees of.Rs..............

If you are enjoying possession do not part with such possession.   It is no more res integra that a mutation can neither create any title nor remove any title but is just a proof of possession.  Do not spend a single rupee and let your brother challenge it in the court and then defend with your copy of the will.  Generally, no municipality cares for such notices and legal opinion is taken only to protect themselves though it is not necessary.  Wait for a month and if you wish to file a complaint before District Consumer Forum.   If you appear as party in person, you need not spend more than Rs.500/- and you have to enclose a copy of their citizen charter showing time frame for mutation, the copy of amount paid towards mutation and state that they have collected fees but not mutated since ..........date.

 
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Sir but it will take time. I already heard that probate of will is also time bound. Court does not accept probate after a time.
 
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Hello,

Approach court and apply for probate. It might have decided within one year. 

 
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Retired employee.

"Sir but it will take time."

What is the hurry now ?.  Litigation matters are not ready to eat foods or feather touch operation tabs or coin inserting machines.   It do take decades, nothing is in your hands except taking timely steps and sincere efforts. There can not be instant solutions, and it is always the local advocate that can guide you after going through facts and documents.

 

 
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