Mutation of land on basis of un-registered will
S.V.Desai
(Querist) 23 March 2013
This query is : Resolved
Respected experts,
My father in law(Mothers elder brother) has one own brother and one sister(my mother). The ancestral property is divided among two brothers only. His brother sold the property.
But my father in law has no children and wife is also died long back. He is living with my mother in my house.
A unknown person from his native taken signature on Rs.200.00 bond paper when he was in hospital and created a will and submitted for transfer of My father in laws property.
A objection is lodged by my mother against this mutation on the basis of will.
The tahasildar is trialing this case under RTS.
My quarry is that whether it is possible to transfer the ancestral property on the basis of this fake will. Is the revenue authority has power transfer of property on the bases of will.
Please help & guide me on this matter.
ajay sethi
(Expert) 23 March 2013
contact a local lawyer . file suit for an injunction restraining transfer of property on basis of the will . you have to challenge the genuine ness of the will .
you have not mentioned whether your father in law signed the document in front of 2 attesting witn esses or not .
is your father in law alive ? you have stated that he is staying with your mother in your house . the will takes effect only on death . father in law can always change the will .
Devajyoti Barman
(Expert) 23 March 2013
file declaratory suit and for injunction.
