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Vipul Sachdeva   04 January 2025

Missing property papers

Hi,

My MIL (husband deceased and 2 daughters) is living in her maternal house where her brother in law is also staying.  The house is in the name of her father in law (also deceased) and we "Heard" in their WILL, he had distributed it amongst his two sons (one of them being my father in law).

Challenge is we do not have any clarity since we do not have any property papers or copy of WILL, if it exists. Whenever we confront the brother in law for the copy of papers/WILL, he intentionally denies giving a copy.

We only have electricity bills (in the name of FIL), water bill, etc.

We are going through the route of mutually coming to some agreement, but it's not working. Before we go the legal route, we first want to be informed and understand what is rightfully ours.

  1. What's the best way to get details of the property - whose name is it registered in, etc.? We tried going through DORIS but it doesn't list transactions that are very old (in this case 60+ years).
  2. How can we get access to the WILL?

Is there a way to get details of these as going through a mutual route seems to be meeting roadblocks.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 January 2025

You shall apply for a search of the WILL said to be executed by your FIL enclosing the copy of the death certificate of your FIL.  Otherwise, a copy of the will cannot be issued to others.  

Vipul Sachdeva   04 January 2025

Thank you, this helps. Is there a way in which my MIL's brother in law unfairly change the original WILL w/o consent? 

T. Kalaiselvan, Advocate (Advocate)     05 January 2025

Instead of blindly believing his words about the Will which may or may not exist, you may better take up the legal route by issuing a legal notice demanding partition of the property between him and your mother in law and other legal heirs of your deceased father in law.

He will come out with the documents in his poossession after which you can file a suit for partition if he is not cooperating


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