Sunny (Sr. Analyst) 25 March 2012

Will and mutation

Sir/Ma'am, My father transferd his property on my name. I do have a original will as well as the original Mutation document with me. All the paper work is 100% genuine and I have been paying property Tax since last few years now on my name. Now, My younger brother is creating problems for me by saying that he wil drag me to court and is continuosly chasing the guaranters who signed on to the document of will in Janak Puri Court. In conversation with the guarantees he started putting false claims on me saying that I forcefully got this property transfered to my name. Please suggest what are the possibilities of him going to court as some one suggested me that he can stay order on the property with the help of court. Please suggest what I should do ??

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 March 2012

Dear Querist,

You've not made clear as to in what capacity your father held the property. Was it a self acquired property or an ancestral one ?. Assuming it to be a self acquired property, your father gives the property to you in will, in pursuance of which you obtain a probate - and get the property mutated. If that is the case - he won't be able to challenge your title. To be on the safer side what you can do is to serve him a notice asking him to 'cease and desist' from trying to impede in your possession, failing which YOU can ask from court an injunction asking the court to order him to refrain doing things detrimental to your interests

M. A. Khan (advocate) 25 March 2012

you have not mentioned as to by what documents ur father transferred the property in ur favour. if it was registered gift deed, than u r safe. if it was simple will, even if registered, than ur brother can challange the same. showing name on mutation record does confers title.