Registered will

Rajendran R (Querist) 11 August 2016 This query is : Resolved
Will written and registered by my mother,s mother in 1980 on my name but patta name got changed in 1982 on my mothers name unnoticed while land survey around 1982. Can I get the land with patta name changed to my name?

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Rajendran R (Querist) 11 August 2016
Pl.help me sir

Rajendran R (Querist) 11 August 2016
Answer at the earliest

Ms.Usha Kapoor (Expert) 11 August 2016
yOU CAN GET CHANGED the patta in your name provided there are no other claimants to willed property. you must produce the following documents to get the property mutated in your name if ypo are the only legal heir of your parents. 1)Legal Hir certificate) Death Certificate of your Mother and father your SSC certificate showing your father;s name in it. Armed with these you can easily get your name mutated in the land records. By virtue of the registered will in your favour you are the absolute owner. Property mutation etc you can do at any later date at your convenience. No Hurry!.

Rajendran R (Querist) 11 August 2016
I have three yelder sisters.but WILL is only on my name.

malipeddi jaggarao (Expert) 11 August 2016
The Will comes into operation only after demise of the maker of the Will i.e., your mother's mother. When she demised? In 1982 who requested for mutation in the land records? Whether they are aware of the existence of Will? You have given incomplete information.

Devajyoti Barman (Expert) 11 August 2016
Get the Probate of the Will and then apply formulation of your name.
Hopefully it will be done within no time.

Rajendran R (Querist) 11 August 2016
My grandmother died on 2001 and my mother expired on 2014.my three sisters do not have any documents so they could not claim.Before my grandmother died ,my mother name was entered and was left out without being changed sofar by mother.Now only I applied for patta name change into my name but at DRO office it is demanded the relinquishing document from my three sisters as heirs to my mother.Is it necessary?I produced even the genuiness of WILL and also before my mothers death I applied on 1.7.2013and EC also displays no entry of name other thsn my grandmothers namefrom 1967 to 2013.pl.suggest

Kumar Doab (Expert) 11 August 2016
It might not be ' relinquishing document' but NOC so as to avoid, objections and probate.

The revenue officer may agree on Newspaper publication if local rules of the authority provide for it.

If there are objections then probate of WILL may be required.

Adv. Yogen Kakade (Expert) 11 August 2016
Rightly guided by the experts above.

Rajendran R (Querist) 11 August 2016
All the three sisters were asked to appear for direct enquirywith documents if they have to claim but none appeared as they don't have.But I appeared and gave statement.Still the DRO is not satisfied and rejected the transfer.But I sent REVIEW PETITION again to him.and awaiting.towards reply.Shall I go for RTI or move to the honorable court pl suggest sir/Madam.

Ms.Usha Kapoor (Expert) 11 August 2016
Dear Clint,

Yoiu apply for probate to establish the genuineness of the will and also take a relinquishment Deed from your 3 sisters that they have no interest in the willed property and they are relinquishing all their right title and interest in the willed property. Once these things are completed Genuineness of the will or authenticity of it is established in probate/District Court you can proceed for mutation at your convenience..

Rajendran R (Querist) 11 August 2016
Is it possible without relinquishmenf deed? THANKS a lot Madam

Kumar Doab (Expert) 11 August 2016
You have posted in our last post that:

"All the three sisters were asked to appear for direct enquirywith documents if they have to claim but none appeared as they don't have.'

You should have posted it in your first post.

Apparently the sisters are unwilling to issue NOC, even relinquishment deed.

As per rules if there is a provision of newspaper publication then it may be one option.

Or probate of the WILL may have to be opted.

Kumar Doab (Expert) 11 August 2016
The query is also posted at:

http://www.lawyersclubindia.com/forum/details.asp?mod_id=140772&offset=1

Rajendra K Goyal (Expert) 11 August 2016
In 1982 who ordered, why and on the basis of what documents, mutation was effected?

If the change was based on legal documents (gift etc.) / legal process your right on the basis of will may not succeed.

Your grand mother had right to dispose off the property during her life time even she bequeathed it.

Kumar Doab (Expert) 11 August 2016
1. Original Query:

"Will written and registered by my mother,s mother in 1980 on my name but patta name got changed in 1982 on my mothers name unnoticed while land survey around 1982. Can I get the land with patta name changed to my name?"

5th Post:

"My grandmother died on 2001 and my mother expired on 2014.my three sisters do not have any documents so they could not claim.Before my grandmother died ,my mother name was entered and was left out without being changed sofar by mother.'

Land survey was done in 1982 and mother's name was entered!

2. Who is the original owner of the said property? Grandmother or Mother?

3. How did in the lifetime of Grandmother ( if she was original owner) Mother's name was inserted?

say; Gift deed?

If grandmother was owner and she disposed the property in favor of mother by valid deed then mother becomes owner.

If mother's was name was entered due to error in land survey then mother shall get share by inheritance from grandmother ( if she is her mother ) or from grandmother ( if grandmother is mother of her husband and husband is died).

4. Mother signed WILL in 1980 and died in 2014.

So it is natural that her name shall remain in mutation record.

5. The WILL is to be acted upon after death i.e. 2014.

6. Mother is owner of her share ONLY.

Her share ONLY can be bequeathed by WILL.

Beyond this you may consult your own counsel.

P. Venu (Expert) 11 August 2016
Your grandmother the Will, admittedly, in 1980 and registered. And she had died in 2001. The Will takes effect thereafter only.

That is a long period; so many things would have taken place thereafter. She might have made another Will or transferred the entire property or part of it during this period. The mutation during 1982 is a pointer to the such developments. It appears that you are either not knowing the entire facts or have chosen to disclose the complete facts.

We will be better placed to offer a meaningful suggestion if all the material facts are ascertained and disclosed.

Kumar Doab (Expert) 11 August 2016
"Will written and registered by my mother,s mother in 1980 on my name "

The typing was not clear.

Will is by mother's mother bequeathing to author!

Not by mother.

Regret the error by oversight.

"but patta name got changed in 1982 on my mothers name unnoticed"

Check the mutation record and link documents.

Land survey was wrong?

Rajendran R (Querist) 12 August 2016
Thanks...to all respected lawyers who are heiping me sofar...!

Kumar Doab (Expert) 12 August 2016
You are welcome.

Wish you the best.

Rajendran R (Querist) 12 August 2016
My grandmother made two documents during 15,16,and 17th Dec.1980.1.regstd WILLmade for land with survey no.76/4 and got regard on 16thDec.1980.2.Partition document made among my grandmother,my mother andmy uncle..I.e.mothers daughter and son.for rest of the. Properties except survey no.76/4. and got regstd on 17thDec.1980 itself.The partition document does not contain 76/4.It was kept separately for making WILL.

Rajendran R (Querist) 12 August 2016
5.The EC taken for will-land b/w 1967 and 2013 does not contain any change .I.e nil report

Kumar Doab (Expert) 12 August 2016
As per your own findings: Land survey was wrong?

Have you consulted with a very able local counsel specializing in revenue matters.
If yes what is your counsel's opinion?

Kumar Doab (Expert) 12 August 2016
Draft your posts properly.

Write full words.

Keep sufficient space between words and lines and paras.

Rajendran R (Querist) 12 August 2016
These are the particulars.pl.suggest. THANKS A LOT to all respected lawyers who helped me sofar.and to the FORUMand am proud to be one among you in take FOTUM.Once again thank you very much.

Rajendran R (Querist) 13 August 2016
Eversince I applied on 1.7.2013 at taluk office for patta trssfer stage by stage inpection and scrutinization was done by VAO, RI, DT TAHSILDAR and finally RDO sent verification report favourable to me.

Rajendran R (Querist) 13 August 2016
Eversince I applied on 1.7.2013 at taluk office for patta trssfer stage by stage inpection and scrutinization was done by VAO, RI, DT TAHSILDAR and finally RDO sent verification report favourable to me.Also DRO sent enquiry letters to all sisters again.

Rajendran R (Querist) 13 August 2016
Though DRO promised that whether my sisters could appear to direct enquiry or otherwise ,he would give order to patta change. But gave rejected order only as sisters did not appear.I sent again a REVIEW PETITION and awaiting to get snswer. It seemed DRO saw the letter..

Rajendran R (Querist) 13 August 2016
THANKS to ALL respected sirs d madam for your kind help..

P. Venu (Expert) 14 August 2016
Prima facie, mutation carried out was erroneous, may be based on the partition deed. You can get it corrected through the hierarchy in the Revenue Department.

Perhaps we would have been better placed placed to offer more meaningful suggestion had you posted all the relevant materials in the first instance itself.

Kumar Doab (Expert) 14 August 2016
You have posted that:

"Eversince I applied on 1.7.2013 at taluk office for patta trssfer stage by stage inpection and scrutinization was done by VAO, RI, DT TAHSILDAR and finally RDO sent verification report favourable to me.Also DRO sent enquiry letters to all sisters again.'

"Though DRO promised that whether my sisters could appear to direct enquiry or otherwise ,he would give order to patta change. But gave rejected order only as sisters did not appear.I sent again a REVIEW PETITION and awaiting to get snswer. It seemed DRO saw the letter..'

What you should do in such case has also been discussed.

Either DRO shall decide in your favor or you may have to probate the WILL.

Rajendran R (Querist) 18 August 2016
THANKS to all sirs once again.

Rajendran R (Querist) 10 August 2018
Respected lawyers,
Finally I got my will executed and got patta on my name by submission of all records to CLA and getting an order from CLA directing Dahsildar concerned to execute the WILL.
THANKS a lot to all of YOUR suggestions and directions once again.

Registered will

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