Registered will by Muslim widow is valid for mutation entry?

Tarak Nath (Querist) 06 November 2016 This query is : Resolved
Respected
Sir/Madam
Please help me with your valuable legal advice and reference of judgment of court in India if any as I want to know about the Registered WiLL by late Muslim widow is legally valid documents for mutations entry of house /property in municipal?.... And it is acceptable for in all official work ?
Kindly let me know the details at the earliest at your end.
This case is one of my closest neighbor it self acquired (purchased house and some land) of late widow lady and make a registered WiLL with registrar office with two witnesses in the year2006.
And Municipal authority refusing for mutation entry and demand WiLL with probate.
So Sir need further guidance and legal advice it is mandatory Will to probate.... Is any judgements or order for reference.
Hoping for a best legal advise from all of you expert to solve the matter at the eearliest.
Thanks n regards

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Guest (Expert) 06 November 2016
Family members can honor non-probated will, but for any legal action through any official channel, probate is the only solution.

By the way, what do you propose to do with any judgment, if not related to the lady's case?

Tarak Nath (Querist) 06 November 2016
Sir,
Municipal authority not accepting and suggesting me to file registered WILL for Probate in the court and after probate come for mutation entry or show rule or judgement or order of court of india Where should mention Registered WILL by muslim lady is valid document for mutation entry Nagar Parishad (Bihar) and not nneed to do probate.
So,suggest me what should do in this circumstances as other side Nagar parishad is doing mutation entry just on affidavit Notary paper of batwara as valid document and here ignoring registered Will and harassing.
Awaiting for kinds response form all our expert.
with regards

Kumar Doab (Expert) 06 November 2016
It is mandatory to probate the WILL in presidential towns; Kolkota,Chennai,Mumbai.

The WILL is valid and hence registered. Distribution of the estate of the deceased is to be in accordance with her will.

If WILL is not contested then why demand for probate!

The MC might have kept the procedure on its website for such cases.

Or it must have had printed forms/brochures/application forms with detailed guidelines for such cases.

There might be scope for NOC by all legal heirs and/or advertisement in local newspapers.

Check for these.

Kumar Doab (Expert) 06 November 2016
In another thread the estate was in form of Equity Shares and WILL was not registered.

The author finally succeeded without probate of the WILL.

http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp

Kumar Doab (Expert) 06 November 2016
You may confirm if NOC/consent by all legal heirs has been submitted?

Guest (Expert) 07 November 2016
NOC of legal heirs may not work for mutation.

Kumar Doab (Expert) 07 November 2016
You may confirm if NOC/consent by all legal heirs has been submitted?

NOC/consent by all legal heirs may very well work in her favor.

Rajendra K Goyal (Expert) 07 November 2016
repeated query:

http://www.lawyersclubindia.com/experts/Registered-will-by-Muslim-widow-lady-is-valid-for-mutation--622146.asp

Kumar Doab (Expert) 07 November 2016
Why to repeat?

Why not respond to points raised in this thread!

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