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Paluri   20 February 2018

Original will deed is lost

Dear All

In 1991 my maternal grandfather has written a will deed to me transfer all the agriculutural lands in my village. He expired in 1992. My grandfather family is a zamindar family. He has 6 daughters and all are alive. Even my grandmother is alive. In 1995 i got the pattadhar passbook and title deed for the same. I was around 15 years in 1995. Since then the pahanis are in my name till 2010 becuase they were maintained manually. When computerisation happened a family in my village with fraud and fake documents have registered 2 acres of my land. I have recently checked this and applied the necessary RTI's which clearly mentioned that i have never sold any land and all the documents those fraud people are never been executed by the local MRO office. So i filed a case at the RDO and its going on. Dont know if they have influenced the RDO but instead of declaring thier documetns as fake basing upon his subordinate MRO report, He is asking me to bring the original will deed. We only have a photocopy of the same. We admit we have lost the original will during couse of time. And what if the properties were not mutated based on this will deed in those days. ANd most importantly all my aunts, grand mother and mother have no objection in transfering the properties to me. Please help me with a solution and the section of Indian las which would be applicable in my case. Thank you for your great Help. 



Learning

 6 Replies

SHYAM SUNDER KULSHRESTH (Private Counsel)     20 February 2018

Dear brother. u can move to the SDM Court for cancellation of the said instrument on the basis of your manually prepared docs. and side by side you can also lodge a FIR for the fraud committed against the accused person who are involved in the forgery. hope it may solve ur problem.

Kumar Doab (FIN)     20 February 2018

Which personal law applies in your case e.g; Hindu or are you all Hindu?

The grandfather is paternal or maternal?

You are male or female?

Are you married?

Did the owner i.e. grandfather as in your query ever sell 2acres in his life time to the said family?

Do you have copies of RTI replies?

You have posted the said land is agricultural.

IT is in which state?

 Confirm!

Kumar Doab (FIN)     20 February 2018

It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.

It is no mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

Any WILL can be contested ( by legal heirs).

A stranger cannot contest the WILL …………….until or unless stranger has a stake/charge/claim on the property bequeathed by valid WILL………………..e.g; debt/loan on said estate/property bequeathed by valid WILL.

 

Kumar Doab (FIN)     20 February 2018

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if (Valid) WILL has surfaced; ‘Testate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, WILL, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements…………….The authority may ask for NOC from legal heirs and/or ask to release advt in newspapers and/or write to legal heirs to submit objections, if any in a set time………..

Check locally and that in your case said procedure was duly complied.

If yes the WILL has already been acted upon without any cloud on IT.

Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

In your case the procedure seems to be complied with that is why the mutations records were updated in your name. If you have got copies of forms/documents used for mutations e.g. WILL ( Original or certified copy) in your name then IT is ok or obtain thru RTI route…If all legal heirs had signed NOC at that time there is NO need for any fresh NOC. The authority as per procedure might have reported that original WILL was shown by beneficiary/guardian etc .

Kumar Doab (FIN)     20 February 2018

 

 

If your grandfather did not sell 2acres in his life time by a valid/registered deed then since you were about 15 years of age at time of his death, being minor you could also not sell…………..Moreover  permission from court may be required to sell minor’s property..

Check carefully on strength of which document 2acres were transferred to said family.Pursue RTI route if required!

The legal heirs can sign and attest the copy of WILL and affirm that IT is same (Last/valid) WILL that was submitted to O/o Authority based on which mutations were updated……

You have also confirmed that said family in village (stranger to WILL) has not submitted any registered sale deed towards their claim………….

 

If all legal heirs of deceased testator (grandfather) are in your favor then let them affirm before said RDO in writing under proper acknowledgment that  they had NO objection have NO objection as on date also to WILL and transfer of land in your favor and grandfather never sold the 2 acres to said family….

In case the said Family is unable to produce any valid/registered deed towards their claim on 2acres their claim should fail……….

In any case If all legal heirs of deceased testator (grandfather) are in your favor then they can also sign Registered Family settlement deed narrating said WILL in it/relinquishment/release/transfer/gift/sale deed …etc also and IT should end all speculations….

Kumar Doab (FIN)     20 February 2018

You may defeat the contest on photocopy of WILL, claim of said family and succeed…

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/testamentary/succession/civil matters and having successful track record….and well versed with local revenue codes/rules/laws…………….for a considered opinion and to help and guide you.


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