If the WILL is registered then it can be traceable otherwise not if it is not register.
If WILL is not register then still its need to probate from court. then it is accepted by sub registrar of revenue department.
Will not traceable
My grandfather expired in 2004 leaving behind my grandmother, my father and two aunties. My grandmother expired recently in 2020 and transferred all her property to my aunties through will. My father got very less share. When I challenged this, my aunty says my grandfather has transferred all property through will to my grandmother. But this will is not traceable. Somehow only my grandmother's name is there on property card. Is there anyway to get the will which is used for property transfer from government records? We are staying in Gujarat state.
Asked 5 years ago in Property Law
Religion: Hindu
15 Answers
You can apply for and obtain certified copy of will from sub registrar office
Mere transfer of property in property card dose not trasfer ownership. No WILL means intestate succession. Your father inherited 1/4th share on grand father`s death. Onus on aunties to bring WILL. You only claim your father 1/4th share.
1. IF the Will was registered, ONLY then the certified copy of the same can obtained from the local SRO office.
2. Also approach the "Property card" authorities, wherein the copy of the will might have been submitted, for purposes of changing name from Grand Mother's or any other dept., where some records and names might have been changed (eg. Electricity, Gas, Water .... )
3. File local Civil Court suit for partition for your rights.
Hi
File a civil suit against them there they have to prove the ownership transfer from your grandfather to your grandmother and then from your grandmother to your aunts
Court will do the favour
Thanks
Dear Sir,
Lodge an FIR (first information report) with the police there, giving all the details of the property. ... In case the police are not able to trace your lost Will deed, they would issue you a non-traceable certificate
You can obtain a copy of WILL purportedly executed by your grandmother from the municipal/revenue authorities by filing an RTI information.
The statement of your aunties stating that your grandfather transferred the property to your grandmother by a Will, has to be proved by your aunties before the court of law if at all they are claiming the rights in the property as per the bequest made by your grandmother in the Will made by her.
Your father should not be bothered about the so called Will made by his father to his mother, he can file a partition suit to divide the property equally by metes and bounds among all the children of his father and to allot one such share to him with separate possession.
Let them bring their mother's Will to the court which can be invalidated because your grandmother cannot bequeath the entire property to her daughters, she can transfer only her share in the property to her daughters and not the entire proeprty.
If at all she relied upon any Will, then that Will has to be produced before court to establish their claim in the property.
You may discuss the matter at length with a local advocate and proceed as per the advice received.
If the Will is registered, using the details which are reflected in the transfer deeds in names of your aunties, you can obtain a certified copy of the same from the registrar's office.
The property belonged to your grandfather. If he transferred is property to his wife then it is ok. But if there is no will written by him, then the transfer of the property is void and challenge the will and the partition of the property.
- If, the said WILL was registered or probated , then only one can get the certified copy of the same from the office of the sub-registrar or court.
- In the absence of WILL, and only on the ground of property card, the ownership cannot be proved .
- Your aunties are not having right to claim over the whole property, she will have to prove her right before the court , if your father challenge the ownership by way of Partition suit.
- For getting equal share in the whole property , firstly your father should sent them a legal notice after mentioning that being the legal heir , he is having equal right.
- If, no response within 15 days , then he can file a case of partition of the property. Let them prove the WILL .
You can apply for and obtain certified true copy of registered Will .
1. Yes your father can challenge the transfer of property to name of grandmother can her right to transfer property through will to her daughters.
2. Revenue department should also be included as respondent in the suit to challenge the transfer of property to grandmother name without consent of your father as he is also legal heir of your grandfather.
3. Once you make revenue department as party to the suit then the will be under obligation to prove that transfer was legal by producing the will through which name of grandmother was included in the records.
1. The property of your grandfather, if he died intestate, devolved equally on his widow and all children, in which event your grandmother had no legal competence to transfer more than her 1/4th share in the property.
2. Your father is free to challenge the alienation by his mother through a suit for declaration in the competent civil court.
If its transferred through a will then the copy of the same needs to be filed at govt records for the same
