tehsildar and sub-registrar

Querist : Anonymous (Querist) 02 November 2010 This query is : Resolved
yesterday i asked for the tehsildar and sub-registrar ,now my query is that my uncle has provided the unregistered will in the court for probate and in his will there is a plot and that plot is transfered(by a registered gift deed in front of sub-registrar by paying stamp duty) to my father three years before the execution date of my uncle's fraud will and in the court case the respected judge issued a letter to the regional sdm office about the status of the property and sdm appointed the tehsildar for investigation and i want to know that whether tehsildar will approach to sub-registrar for current status of the property or tehsildar will go with old records of 1968 in which my grand mother was the owner of the property.

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Kirti Kar Tripathi (Expert) 02 November 2010
If the gift deed is prior to the alleged will, then you should to worry. I think that the order of Court directing the SDM is merely to collect information regarding status same shall be considered at the time of order only. However, while investigating the tehsildar, being the representative of SDM can approach the sub registrar.

DEEPAK ASSOCIATES (Expert) 03 November 2010
it is open to Tehsildar to approach the Sub Registrar or investigate the matter himself

s.subramanian (Expert) 03 November 2010
Mr.Kirti is right.

R.Ramachandran (Expert) 03 November 2010
I do not agree with Kirti. If the gift deed is prior to Will, and if the gift deed had been duly registered then why there should be any worry? Only if the gift deed is unregistered then there should be worry. Pl. Correct me if I am wrong.

Kirti Kar Tripathi (Expert) 03 November 2010
Sorry Mr. Ramchandran. I am also of same view, the word "not" missed inadvertently by typing.

Khaleel Ahmed Mohammed (Expert) 09 November 2010
I agree.

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