Will issue
Surya
(Querist) 05 March 2023
This query is : Resolved
Dear and Respected Sirs,
My Grand Father and Grand Mother(Fathers parents) has 3 sons and 1 daughter. I am the son of elder son. My father died at my early age. While doing partitions of the properties, my grand father gave two plots to two sons.
(Other than my father) and they constructed houses in them and living happily. Now for my father and daughter( my fathers sister) my grand mother registered a will partitioning a house on my name and my fathers sisters name. For my father we are two, me and my sister. Since the will has given on my name, I invested my money on the house and modernized. I was paying taxes on the house since about 30 years now. The mistake i did was like I have not changed the name of my grand mother on the power bill. Now after this many years, the younger brother of my father called me on phone asking me to return the will( registered by my grand mother) of my grandmother as he got a will which is on subsequent date. I told firmly that I can not return it as the house is in my procession since 30 years. He was saying the subsequent will which he got is on my sisters name. and not my name. most importantly , during our education, me and my sister applied for an educational loan where it was given clearly that i am the owner of the house with extent value.
Out of all these, there was a name spelling correction in my tax bills which was coming from a long time.
I requested the corporation authorities to correct the name spelling, but in response to this request the corporation authorities ( may be influenced by my fathers brother) did a fresh mutation on my spelling mistake name to proper name.
Now my question is do I need to keep this mutation or request them to revert it back? After the mutation my name is appearing properly but as this is a fresh mutation I am not clear that in future do I get any issue out of this.
If I ask for revert of this mutation, my name will go spelling mistake and again I need to ask for name correction.
Is it correct to do mutation ( Title transfer of property) from wrong spelling name to correct spelling name. Kindly advice.
As it is a fresh mutation, is there a chance for my sister to come forward and apply with the later date willl and took over my property ?
I m completely tired of looking for a lawyer advice and now posting this issue here.
Kindly advice and help me to keep this only property I have.
Thank you.
ashok kumar singh
(Expert) 24 March 2023
Consult with the Learned Lawyer at Locale. Mutation is not a procedure to acquired title in immovable property. mutation means putting your name being liable to pay taxes, fees, and levy etc. to the Civic Body.
P. Venu
(Expert) 28 April 2023
The facts posted are disjointed and lacks clarity. Please post simple facts avoiding your subjective opinions.
When did your father die? What was your age (also, your sister) when your father died?
"While doing partitions of the properties, my grand father gave two plots to two sons....."
When did this partition take place? Was it a partition or a settlement? Was the document registered?
"Now for my father and daughter( my fathers sister) my grand mother registered a will partitioning a house on my name and my fathers sisters name …" When was the Will executed and registered? Did the property belong to the grandmother? If so, how? When did the grandmother die?
Have you carried out the mutations in the Revenue and Corporation Records based on the Will, subsequent to grandmother's demise? When?
Had you taken the requisite permission from the Corporation for carrying out 'modernisation' of the house?
What is the date of the Will executed subsequently?
When did you and your sister avail of educational loans?
Has your sister filed any case seeking possession of the property based on the Will of the grandmother.
"I m completely tired of looking for a lawyer advice and now posting this issue here. Kindly advice and help me to keep this only property I have." Please note that no lawyer can assist you unless you are willing to make honest disclosure of all the material FACTS.
