Hii experts , our oppenents have too legal heir certificate in 1991 , decesed person died in 1987 , claiming one property one , but their are 2 property. in the application of heir certi they have metion wrongly that they have only one property and they dont have any other property now 2016 they are claiming that they have a will and on base on will they are trying to mutuata a agriculatre land on their name now we have oppsosed saying how they got WILL after 1991 . If will was their than can they take heirship certi ??
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1) if deceased h died in 1987 and had left a will it should have been produced at that time
2) the fact for 20 years legal heir kept silent is suspicious circumstances surrounding the will
3) oppose mutation on grounds that wil is fabricated
4) tehsildar will direct legal heir to apply for probate of will
thanks for reply . 1. opp party has took heriship certificate to mutuate thier name in 1991 . in 1991 they didnot execute will. in heirship certi they mention that they have only one property , they lied in their aplication . now in another property they are using will to mutuate . 2 my another question if they had will in 1991 why they gone for heirshp certi ?
1)the will must have been discovered now hence legal heir did not apply for probate earlier
2) on basis of legal heirship certificate he applied for mutation of property in his name
3) the burden of proof is upon opposite party to explain reasons for 20 year delay in applying for probate
1. Obtaining legal heirs certificate does not bar anybody to claim property bequeathed to him by a will.
2. However, he shall have to obtain grant of probate by filing an application before the Court for the same.
3. Without probate, will has no value more than a scrap paper and if probate application is filed, all the legal heirs will get chance to contest the said will.
1. Mutation of the second property with the help of the will is not legal unless the will is probated.
2. They may say that they did not know about the will and existence of the other properties for which they could not apply for mutation of the other properties earlier.
3. You should give stress to non probation of the said will which has no legal value till it is probated.
1. If they are attempting to mutate then immediately file a suit for perpetual injunction to restrain them from succeeding.
2. If the are claiming title on the basis of the will then they are free to file a suit for declaration of title which you can contest fittingly. File a caveat and renew it periodically to stop them from obtaining ex parte ad interim orders.
