naiduking (india) 21 February 2010

Query on probate & will execution

Hello all,
My grandfather died in 1989 and he had written a will on how his property has to be shared amongst the children of both his wives. The will has not been registered so far. Now one of the grandson (son of second wife) is trying to unilaterally sell the property. I need to stop that and have following queries on the same.

1. How to find out if the probate has been obtained and if mutation has been executed favouring only him.

2. If I suspect mutation is already done, can I get it clarified by applying EC. Will EC let me know under whose name the property is registered?

3. What steps should I take to stop any kind of transaction dealing over the property?

I would be grateful if somebody can suggest the sequence of steps that I should proceed with.

Note: For any kind of proceedings, I need to do as much from a remote town/city only, as currently it is not "safe" for me to enter the village.

Thanks & Regards

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3 Replies

ad. creaminall (professional Advocate) 21 February 2010

i can help you if the the property situated in mumbai.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 22 February 2010

//1. How to find out if the probate has been obtained and if mutation has been executed favouring only him.//

Either you can issue legal notice to him claiming share in the property and calling upon not to deal with the property, individually. From his reply, you can find out the facts.

Or you can verify with the revenue authorities about the mutation of records.

//2. If I suspect mutation is already done, can I get it clarified by applying EC. Will EC let me know under whose name the property is registered?//

EC is nothing to do with mutation.

EC is encumbrance certificate which will reflect the registered transfers done in respect of the property and is maintianed from Registrar office.

Mutation is transfer of name in revenue records of the property.

//3. What steps should I take to stop any kind of transaction dealing over the property?//

You can file a suit for injunction in the competant court.