(Guest)

Legal heir done mutation before executing will

My mother has done a unregistered will on my name but when process of excution of will was jn process other legal heir my brother has done mutation ob their name. Can I excute the will and get my share on property

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7 Replies

Dr J C Vashista (Advocate) 10 July 2020

Your mother (the testator) can execute will qua her share only and not for the share of your brother.

Mutation sanctioned in favour of your brother for his share has no concern with execution of will by your mother.

Be clear in your statement/ facts of the case / dispute.

P. Venu (Advocate) 11 July 2020

Yes the facts posted lacks clarity. Are you the only beneficiary in the Will for the whole of the properties of your late brother? Were all the legal heirs, including your borther excluded? Is the property for which the mutation has been carried out covered by the Will?

(Guest)

My mother wrote a will in favour of me before her death. When I was trying to do mutation on the basis of will. My younger brother done virasat ka intkal mutation in his and my name for the said property. How should I proceed in this case