will

Querist : Anonymous (Querist) 14 June 2010 This query is : Resolved
sir,
one of my uncle executed a will with out mentioning probate in which he bequeathed 05 plots in my name during the year 1995. later on in the year 1998 he sold 02 plots to some persons out of those 05 plots and he did not revoke/amend the will.
now i approached to the tehsildar for mutation of rest of 03 plots in my name as per the will. he tehsldar refused to mutate the plots in my name by saying that your uncle himself did not stand on will executed by him and he sold 02 plots after the execution of the will and furthermore legal heirs of your uncle are objecting the mutation by claiming their share from ancestral property.
sir is it possible to get rest of 03 plots in my name since the will is not been revoked till date?

sir my uncle expired during the year 2000

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A V Vishal (Expert) 14 June 2010
You have not stated whether the will is registered or unregistered. Further, if the legal heirs object then the matter can be settled only before the civil court of the competent jurisdiction about the authenthicity of the will. Till such time you need to fight it out.

Prakash Langalia (Expert) 14 June 2010
in my opinion you should file petition to obtain probate or letters of administration as the case may be. tehsildar can not deny,thereafter to mutate remaining plots in your name.

G. ARAVINTHAN (Expert) 20 June 2010
Filing appropriate application under Testamentary Jurisdiction for probate and the same will do

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