What is the difference between probate and dispute to title of property in n. delhi
vinay khanna
(Querist) 31 January 2014
This query is : Resolved
What is the difference between probate and dispute to title of property in
New delhi.
My mother had made a will which is 30 years old of a property in my
favour. I had made petition for probate of the said will. Now I wish to apply
for mutation of the said property mentioned in the registered will in my
favour for which I have to fill in form of land and development office for
mutation of property in my name. In the land and development form there is
one clause which says “whether there is any dispute pending in court of law,
regarding title of the property and has to be answered in YES or NO”
I understand that dispute to title of property and probate are not same thing.
What is the difference between probate and dispute to title of property in
new delhi. If land and development office mutates my name of the said
property on the basis of registerd will then in that case I would like to
withdraw my probate petition with permission of court since probate is not
mandatory in New Delhi.Mention citation
Kindly Advice.
Devajyoti Barman
(Expert) 31 January 2014
Id your probate allowed?
If no then is it challenged by any legal heirs of your mother or beneficiary of other Will of your Will?
If nobody has challenged your application for probate then there is no dispute of title or property.
vinay khanna
(Querist) 31 January 2014
It has not been challenged yet but respondants have been seeking time for admission denial and for a settlement with me.
Dr J C Vashista
(Expert) 01 February 2014
Get the probate and move to L & D O for mutation with the order of probate.
Devajyoti Barman
(Expert) 01 February 2014
OK.Let than happen as dispute is likely to arise if they put objection.
If Probate is granted you can submit it else wait for its grant.
Rajendra K Goyal
(Expert) 01 February 2014
Wait till the decision of the probate.
Raj Kumar Makkad
(Expert) 01 February 2014
Challenge means filing contested written statement against your petition which they have already filed so you can't claim that the petition is unchallenged.
Let the court decide the case on merit if you do not come to the compromise.
vinay khanna
(Querist) 03 February 2014
I understand from your answers that the property is not disputed since its not challenged yet. a probate case wherein the will is not challenged will not form a dispute. Since at present its not challenged can i fill the form that property is not disputed and file it with LDO.It may or may not be challenged later.they have not yet filed reply to probate case I have filed but keep on seeking time since they want a settlement.Respondants Seeking time for settlement on dates.
T. Kalaiselvan, Advocate
(Expert) 03 February 2014
You cannot say that there is no impending dispute on the title of the property. Until the court has heard both the sides and passed a judgment/order on the Probate petition, the title to the property is not confirmed despite the WILL is registered in your favor. so no mutations can be permitted by the L & D O in this regard till the disposal of the case.
Dr J C Vashista
(Expert) 04 February 2014
Very well advised by the experts.
Contact your lawyer and stop this thread please
