If a last will is valid,why tahsildar refuse to give a patta

It is believed that you are all Hindu.

Confirm!

The last (valid) WILL prevails upon previous WILL(s).

The Hindu woman can dispose her entire estate/property in her life time in anyone’s favor by a valid WILL.

It is mandatory to probate the WILL in areas of Chennai, Bombay, Calcutta.

In rest of the areas it is not mandatory to probate the WILL.

Does the said property in query falls in above areas?

The authority under whose jurisdiction property falls e.g; MC, has set procedure/process for such matters when a valid WILL has surfaced and produced by the beneficiary; Testate Succession.

The procedure/process/forms etc are available in O/o The authority and even on website…

The certified copy of valid WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence’s) are basic requirements.

The authority may ask to submit NOC from legal heirs (other than beneficiary) and/or ask to release advt in newspaper  inviting objections if any, and/or write to legal heirs (other than beneficiary) asking objections if any to the WILL.

If there is NO contest or NOC is submitted then concerned official in O/o Authority may proceed to act upon the WILL (without any cloud on it) and transfer the ownership in mutations record in favor of beneficiary.

In your query probably you mean to say that the WILL is submitted to authority act upon the WILL after 10years. If official seems to be generous and is agreeing to initiate process to act upon the WILL or the local rules do not deter the authority to act upon WILL that is brought 10 years after death of testator (owner).

Since the WILL is contested as per your query the official has rightly asked for withdrawal of contest by legal heirs. The official does not seem to be committing any transgression.

If other legal heirs do not withdraw the contest the WILL may land up in probate court of pecuniary jurisdiction and probate court shall decide the validity of the WILL. Accordingly the concerned official in O/o the authority shall act.

If you can try to get withdrawal of contest and then as posted by you the official may act upon the WILL, in favor of beneficiary.

In such matters, If amicable settlement is not achieved then probate of the WILL is the recourse.

Yes,,,, we are all hindus....

You are trying to mean from beginning that your grandfather’s mother had a property and she disposed it by a WILL in favor of her daughters and then wrote/signed new WILL in favor of her son i.e. your grandfather.

Thereafter your grandfather’s mother i.e. testator has died.

You have confirmed that you are all Hindu.

In case of Hindu woman the nature and source of property matters.

In case the nature of property is self acquired/absolute then;1st right for equal share is of husband (if alive as on date death of his wife), sons and daughters…

In case the property has devolved from parents then;1st right for equal share is of sons and daughters…and in case they are not available then legal heirs of father..

In case the property has devolved from husband then;1st right for equal share is of sons and daughters…and in case they are not available then legal heirs of husband..

By chance if the WILL is not valid (old or new or last) IT cannot be acted upon being invalid.

Till the valid (WILL) is duly acted upon without any cloud on IT the authority under whose jurisdiction property falls cannot transfer the ownership in favor of beneficiary (in areas other than Bombay/Calcutta/Madras).

If the property/estate disposed by valid WILL falls in areas of Bombay/Calcutta/Madras the probate of WILL by probate court of pecuniary jurisdiction is mandatory.

In your case WILL is neither duly acted upon without any cloud on IT nor probate is granted by probate court of pecuniary jurisdiction.

Rather the WILL has been contested.

The principle is last (valid) WILL prevails upon previous WILL(s).

If both the WILL(s) are invalid; succession shall set in and share of legal heirs shall be decided in accordance with succession rules under personal law that applies; Hindu Succession Laws…..

If last WILL is valid then beneficiary as narrated in it shall become owner.

If previous WILL is valid then beneficiary(ies) as narrated in it shall become owner.

Death Certificate of deceased mother is not exclusive property of your grandpa and he/his successors shall have to share it with legal heirs of deceased mother. If they don’t share others can sue

Also it is a document in public domain and they can obtain certified copies from Registrar……………

Since: In your case WILL is neither duly acted upon without any cloud on IT nor probate is granted by probate court of pecuniary jurisdiction, in mutation records the original owner (your father’s grandmother and testator) stands as owner.

Hence none of her legal heirs can sell the property left by her (your father’s grandmother and testator) since NOONE has acquired rights equal to that of owner.

It is surprising how your grandpa could sell the said property in question to his wife. The sale seems to be not valid.

How did he sell say; by registered sale deed? If yes how could registering authority register the sale deed?

Since your grandpa was not owner he could not sell and thus his wife cannot hold to be as owner.

You need to remove such misconception or post full facts how and on what grounds your grandpa could sell the said property and make his wife owner?

If your grandpa has died; succession to his estate/property has opened on date of his death……………….excluding the said property of his mother that is disputed till date, since WILL of his mother is contested and is not duly acted upon without any cloud on it and/or is not probated.

Any WILL can be contested (invalid/valid/registered/unregistered). Once contested IT lands up in probate court of pecuniary jurisdiction and court after examining WILL all rival claims, facts, merits…………..shall grant probate in favor of beneficiary per WILL that is found valid and he/she shall become the owner.

Probate of WILL (valid WILL) has IT’s own hazards e.g; time spent on probate appeals, Lawyer’s Fee, Fee of Court, stamp duty etc etc

In case you feel it to be appropriate you can consider the option of Family agreement/settlement and register it. Thereafter it cannot be contested.

It is entirely your call to act in any manner that is suitable to you and others in your family.

Hope you are satisfied.

Will is Written In Sub registar office in Rajapalayam, tamilnadu then how it's invalid.....

No, A land is in sivakasi Taluk......