Pending mutation by tehsildar
rob
(Querist) 15 December 2017
This query is : Resolved
Dear sir,
My mother has registered her property will ( registered will) in my name. I have one more brother and sister, and she has not given anything to them as I cared my mother. Now after her death , I submitted documents to patwari, but later they tell me that mutation ( intkaal ) cannot be completed without the signature's of my brother and sister , as orders by tehsildar. But my question is that I still need permission of my brother and sister, even I have registered will in my name or tehsildar and patwari want some bribe as harassing me.
Guest
(Expert) 15 December 2017
Discuss with your Advocate and probate the will in the concerned court and the issues would be sorted out.
Kumar Doab
(Expert) 15 December 2017
It is believed that you are all Hindu and Hindu Succession laws/rules shall apply in your case.
Confirm!
Kumar Doab
(Expert) 15 December 2017
If deceased mother was title holder/owner of the bequeathed property she can dispose it in her life time by a valid WILL.
It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.
It is no mandatory to probate the WILL in other areas.
The authority under whose jurisdiction property falls has a set procedure for such matters if the 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 WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
Check locally and comply with procedure. If there is NO contest to the WILL by any legal heir (in set time say 30 days) then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
Kumar Doab
(Expert) 15 December 2017
From your side you seem to have complied with procedure.
Either obtain NOC from other legal heirs.
Or Obtain the procedure and if it allows request the authority to release newspaper advt or write to oh Legal heirs and complete the procedure.
If per procedure there is NO contest then request the authority to act upon the WILL.
If there is a contest to the WILL then it lands up in probate court of pecuniary jurisdiction and probate court shall decide the matter.
Kumar Doab
(Expert) 15 December 2017
Registered WILL is valid and is not easily set aside atleast on counts of authenticity.
If contested approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/civil matters and having a successful track record in such matters.
P. Venu
(Expert) 16 December 2017
You are entitled to the property if the Will had been validly executed. It is not necessary that the siblings or other legal heirs should agree or consent> However, you need to follow the procedure, as applicable.
