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Q. Registered WILL mutation

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Surinder SINGH

posted 7 months ago

Q.Registered WILL mutation
My Father passed away leaving an Registered WILL made 6 Year ago duly witness signed fingure and thumb impression .Signed and Stamped by Sub Register of our Tehsil.

My father class 1 heir are His Mother, Wife and 2 Son. Had no daughter.

WILL mention property distribution among 3 equal share for Wife and 2 Son.

Nothing for Grand Mother I.e his Mother.

Now Mother is asking for his share.

We have submitted the copy of WILL to the patwari and waiting for Naib Tehsildar.

Ok advice how tehsildar execute the WILL if one relative raise the objection

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Shreyash Mohta

Experience: 1 Year(s)

Responded 7 months ago

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A. ) Sir, the property will be distributed according to the will made and the contents there under.
Nothing to worry.
Thanks

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 7 months ago

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A. ) Dear Client,
It will be decided as per the law of the land and nothing to worry.
Shanti Ranjan Behera
Advocate

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 7 months ago

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A. ) Dear Client,
The rules of succession acts when there is no will made. In the matter you mentioned, when a proper will is made and the property is divided between you, your mother and your brother, there is nothing to worry .
Thanks.

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Surinder SINGH

Replied 7 months ago

Dear Madam,

My deceased father have widow mother age 95 who is class 1 legal heir but doesn't include anything in his son WILL.

My question : Is her objection in front of Naib Tehsildar will create problem in mutation .
What to do if Tehsildar not accept the will OR try to add my grandmother name in the register against the WILL .

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 7 months ago

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A. ) Dear Sir,
Usually the Naib Tahasildar will accept the registered Will even if one of the relative objects and ask such relative to approach Civil Court to redress her grievance. In your case it is a registered Will and without any risk the revenue officer can mutate and accept and Katha in your names as per the terms of Will by rejecting the objections submitted by one of the relative. You may get issue a legal notice or file a legal opinion from my office before the Revenue officer so that he can be legally convinced on the basis of judgments delivered by High Courts.

For full procedure contact me on mobile through Vidhikarya.
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Surinder SINGH

Replied 7 months ago

Ok thanks Sir

The property is at Himachal Pradesh and the relative is my deceased widow mother age 95.

Pls advice can you take up the case I.e send legal opinions to Naib Tehsildar to convince him to accept the Will.

Once you accept to take up I will approach Vidukarya.

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Vijay Mukesh Bhatia

Experience: 20 Year(s)

Responded 7 months ago

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A. ) If will is registered and witness made statement in favour of will then there is no problem.

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Surinder SINGH

Replied 7 months ago

Dear Sir,

Will is registered in local sub register office and original is with us at home.

I seen there are 2 witness signed on the WILL and 1 signed of writer as writer.

The will is handwritten on green colour paper by an writer .

Also the property in the WILL is acquired by self purchase and some from partition.

At present we are waiting for the visit of Naib Tehsildar Visit to Patwar office for Intekal. We heard he will ask grand mother to present and ask her objection .

My question in case grandmother ask Tehsildar for her share then tehsildar will do mutation as per the WILL or hold the mutation.

This property is in Himachal.

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Surinder SINGH

Replied 7 months ago

Dear Sir, Will is registered in local sub register office and original is with us at home. I seen there are 2 witness signed on the WILL and 1 signed of writer as writer. The will is handwritten on green colour paper by an writer . Also the property in the WILL is acquired by self purchase and some from partition. At present we are waiting for the visit of Naib Tehsildar Visit to Patwar office for Intekal. We heard he will ask grand mother to present and ask her objection . My question in case grandmother ask Tehsildar for her share then tehsildar will do mutation as per the WILL or hold the mutation. This property is in Himachal.

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Surinder SINGH

Replied 7 months ago

Dear Sir, Will is registered in local sub register office and original is with us at home. I seen there are 2 witness signed on the WILL and 1 signed of writer as writer. The will is handwritten on green colour paper by an writer . Also the property in the WILL is acquired by self purchase and some from partition. At present we are waiting for the visit of Naib Tehsildar Visit to Patwar office for Intekal. We heard he will ask grand mother to present and ask her objection . My question in case grandmother ask Tehsildar for her share then tehsildar will do mutation as per the WILL or hold the mutation. This property is in Himachal.

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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 7 months ago

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A. ) This will not challenged in any where don't worry

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Surinder SINGH

Replied 7 months ago

Dear Sir, Will is registered in local sub register office and original is with us at home. I seen there are 2 witness signed on the WILL and 1 signed of writer as writer. The will is handwritten on green colour paper by an writer . Also the property in the WILL is acquired by self purchase and some from partition. At present we are waiting for the visit of Naib Tehsildar Visit to Patwar office for Intekal. We heard he will ask grand mother to present and ask her objection . My question in case grandmother ask Tehsildar for her share then tehsildar will do mutation as per the WILL or hold the mutation. This property is in Himachal.

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Surinder SINGH

Replied 7 months ago

Dear Sir, Will is registered in local sub register office and original is with us at home. I seen there are 2 witness signed on the WILL and 1 signed of writer as writer. The will is handwritten on green colour paper by an writer . Also the property in the WILL is acquired by self purchase and some from partition. At present we are waiting for the visit of Naib Tehsildar Visit to Patwar office for Intekal. We heard he will ask grand mother to present and ask her objection . My question in case grandmother ask Tehsildar for her share then tehsildar will do mutation as per the WILL or hold the mutation. This property is in Himachal.

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Sunil Kumar Singh

Experience: 17 Year(s)

Replied 7 months ago

It's mutated as per content of WILL

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