Vijay Rajput 14 July 2018

Raising objection for Mutation of property after death

My grandmother died in 2015. She has 4 children out of which 1 is already dead long ago (1993), so at present there is 3 children which are my big uncle, my dad and my small uncle. My dad stays separate and my big & small uncle stay together with their respective families. Yesterday my dad got a call from tehsil office (Revenue Department) from our native place Himachal pradesh, they told him that we need to come for mutation to provide our NOC as his brothers had submitted will for mutation. He also told my dad that will says the property will go to only his brother's only excluding my dad.

How can my dad raise his objection as we are unaware of the will which has been submitted by my uncle? What is the process to stop this mutation?

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6 Replies

Adv Deepak Joshi +917017821512 (Advocate) 14 July 2018

As you said you got cal from revenue officer regarding NOC, tell them you have not given permission for transfer of land to other brother.

Feel free to cal for any help at 9456777600.

Vijay Rajput 14 July 2018

I had already told him tha we have objection but he told me that you need to come here for the mutation. He also told me that even if u don't come, mutation will be done on the said date.

Vijay Rajput 14 July 2018

I had already told him tha we have objection but he told me that you need to come here for the mutation. He also told me that even if u don't come, mutation will be done on the said date.

Kumar Doab (FIN) 15 July 2018

Your father should submit his contest to WILL in writing and under proper acknowledgment.

Kumar Doab (FIN) 15 July 2018

Understand the procedure;

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records. Thereafter the beneficiary can sell.

Thereafter obtain copy of updated mutation records.

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

Kumar Doab (FIN) 15 July 2018

Get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….ASAP.

Check for such counsel at LOCAL civil courts, HC.