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.
Advocate M.Bhadra
(Expert) 23 March 2013
Registration of WILL is not compulsory,but WILL should be granted by the competent Court of Laws after adjudication by a Probate case which should be filed by the Executor or Beneficiary after death of Testator(your maternal uncle in law not father in law).In the instate case the Land Revenue authority have no power to record of ROR(record of right)without the granting order of WILL by the Court.So your mother can file a suit for Declaration and Injunction in Civil Court against the Stranger(whose name has been recorded) as well as Land Revenue Department.Your mother can seek alternative relief by filing a Writ Petition in High Court against the State with party added to Private Respondent(whose name has been recorded).
Shashikant V. Patil
(Expert) 23 March 2013
It is a fake will taken under a threat, the same can be challenged in Civil Court. The Will be implemented after the death of executant only. Who are the attesting witnesses and they have to tell the truth in the court. Your mother has rightly lodged her complaint or taken objection which Talhathi has to take note in dispute register and called for an inquiry. Therefore, Revenue authority cannot take mutation if your objection is right and property cannot be transferred.
Adv k . mahesh
(Expert) 23 March 2013
will validity will be after the death of the testator the property will go to the name given on that will
who was in hospital
S.V.Desai
(Querist) 23 March 2013
A will executed by a DEMENTIA patient is valid in the court of law. As my father in law was diagnosed positive and he is under treatment for this desease. That unknown person taken sign on bond paper he had made this will
S.V.Desai
(Querist) 23 March 2013
A will executed by a DEMENTIA patient is valid in the court of law. As my father in law was diagnosed positive and he is under treatment for this desease. That unknown person taken sign on bond paper he had made this will. My father in law was expired some months back due to this desease.
Anirudh
(Expert) 23 March 2013
Mr. Desai,
If you are not comfortable in writing big sentences, please write small sentences.
How can your mother's elder brother can be your father-in law.
Secondly, how can you say that your father-in-law has no children?
If you can prove that the gentleman in question was suffering from dementia and under treatment then one can surely object to the WILL.
Devajyoti Barman
(Expert) 23 March 2013
While application for Probate you can challenge its validity regarding mental fitness of the testator.
S.V.Desai
(Querist) 24 March 2013
Respected experts,
Thank you for your feed back.
Now I am providing full story of the case as per Mr. Anirudh. My grand father has 3 children:1)Elder brother to My Mother 2)My Mother 3) Younger brother to my Mother.
The ancestral property was divided among two brothers only.
The younger brother sold his property long back.
The elder brother has no own son or daughter. His wife is died in the year 1992.
He was staying with my mother in my home.
He was hospitalized for more than one year for treatment of TB. After cure he has discharged from hospital. After a week he has health problem and once again he was admitted in the hospital.
A unknown person from his native in our absence taken signature on Rs.200.00 bond paper when he was in hospital and created a will and submitted that will to Tahasildar for transfer of his property.
A objection is lodged by my mother with Tahasildar 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.
As per the Discharge summery sheet of the hospital my mothers brother is suffering with DEMENTIA
Please help & guide me how to proceed in this matter.
Anirudh
(Expert) 24 March 2013
If you can prove that when the WILL (which you call a fake will) was written, your uncle was suffering from Dementia, then you can successfully challenge the alleged WILL.
For this, you have to engage an experienced local lawyer. Mere consultation here and there, with a view to save money etc. would not work and any delay will prove costly in the long rung.
Raj Kumar Makkad
(Expert) 24 March 2013
You have not mentioned whether your maternal uncle is alive or not. I am asking this because you have not mentioned it anywhere and will comes in operation only after death of testator.
I think he is no more. You mother has documentary evidence to establish the mental situation of your maternal uncle at the time of alleged signature on the will. Challenge the alleged will on all counts. You have very good case in hand.
As your maternal uncle had no class ! heirs, he was fully competent to make will even against the ancestral property but here the will is under high suspecion.
S.V.Desai
(Querist) 24 March 2013
My uncle is no more. Respected Anirudh sir my aim is not to save money. Instead need justice. By consulting experts myself &my lawyers morale will enhanced.
S.V.Desai
(Querist) 24 March 2013
My uncle is no more. Respected Anirudh sir my aim is not to save money. Instead need justice. By consulting experts myself &my lawyers morale will enhanced.
Raj Kumar Makkad
(Expert) 24 March 2013
You need to engage a lawyer now and should challenge the will on all aspects as already advised to you.
