Kalyan 12 April 2025

Unregister will witness turned hostile.

My grandmother has executed an unregistered will 8 months before her demise. Where she bequethed properties to my sister, mother (elder daughter) and my aunt (younger daughter).

Its an unregistered yet notarised will. So my sister got one of the prime property and remaining properties where given equally to my mother and aunt.

So the witness to the will is my grandfather and my aunt's husband. So now my aunt after my grandfathers death demanding equal share in property which was given to my sister and saying that the Will is fabricated and forged document which in fact signed by her husband in her presence.

Now the only surving witness to the will is my aunt's husband and my grandfather is no more.

So if they go to court my aunt's husband might deny execution of the will or rather he signed any will.

We dont want to involve in court cases unless necessary. Now my sister wants to gift the property to my mother based on the unregistered Will but subregisterar is refusing to accept the Will.

So how to proceed in this case and what to do?

Reply Follow

6 Replies

P. Venu (Advocate) 12 April 2025

It is not necessary that the Will be registered. Has the beneficiaries of the Will got their names entered in the revenue record.

When was the Will executed. When did the grandmother die? Who is/are in possession/occupation of the property?

Kalyan 12 April 2025

Thank you P.venu,

Only mutation happened in GHMC for my sisters property. There seems to be no way to transfer property to the beneficiary through WILL in revenue records.

Will executed in 2017 and 8 months after she died. We are in complete possession ever since my grandmother died paying taxes and getting rents.

P. Venu (Advocate) 12 April 2025

Why only GHMC? What about Revenue Records? Have the legatees submitted the application for mutation?

Kalyan 12 April 2025

We tried for mutation of property in revenue records which could reflect in Encumbrance but there is no such thing as mutation in revenue, only municipal corporation name change can happen.

As I said my aunt is not interested in doing all the formalities unless we give her equal share in all the properties. She is delaying the process.

T. Kalaiselvan, Advocate (Advocate) 12 April 2025

If the property acquired thorugh the Will has been mutated to your sister's name, then she becomes an absolute owner of the property based on the bequest of the Will.

If the tax receipts are on her name and other records have been transferred to her name, then you can apply for transfer of revenue records also on the basis of the mutation records as well as the Will in question.

If the Tahsildar is not entertaining the applicaiton for transfer of revenue records on the basis of the Will and mutation records, then you can prefer an appeal before the District collector in this regard, if that also do not fetch the desired results then you can file a suit for mandatory injunction to direct the Tahsildar to transfer the revenue records on her name by attaching all the relevant documents.

P. Venu (Advocate) 13 April 2025

"We tried for mutation of property in revenue records which could reflect in Encumbrance but there is no such thing as mutation in revenue, only municipal corporation name change can happen" Why? What is the source of your information?

On the death of the testator, the property is devolved upon the legatees by operation of law and as such, is laible for payment of land revenue. Entry in Revenue records primarily signify the name of the person responsible for paying land. Therefore, the Revenue Authorities are under the obligation to carry out the mutation.

However, it appears that you are pursuing the issues with many a misconceived notions.