Hes the land belongs to you. The reason behind the will was perfectly legal and hence his son too cannot object to it. He himself is a witness to the will.
Registered will
Sir 6 years back my father had taken 1.5 hecars of land ,it was govt allotment,since 1 year was left for completion of 15 years ,as per law to sell but due to his personal problem he could not register to my father but the seller made will and registered it to me,after 6 months the seller died,thus even his wife ,we have sellers death certificate ,he also had son who also sighned in that registered will,can I get the owner ship of the land or not
Asked 3 years ago in Property Law
Religion: Hindu
15 Answers
You may have to enforce the Will and apply for mutation of revenue records to your name on the basis of the registered Will.
The legal heirs of the deceased owner can give NOC for this application by which the revenue department or the tehsildar shall be able to transfer the revenue records to your name and you will become the absolute owner of the property.
1. You may based on the registered will transfer the mutation of the property in your favor, further if revenue or municipal authority ask for a court order you may file for probate before the jurisdictional court.
If the property of seller is self acquired property then no problem otherwise if it is Ancestral property then WILL is invalid.
- Yes, you can claim ownership of the land on the ground of this registered WILL as this was his last testament , and further you can apply for getting mutation in your name as well.
- Further , for giving this WILL a legal tag , you can probated this WILL from the court , if any of his legal heir raising objection .
The transactions between buyer and seller are Mutual understanding here this is not problem, You need to get the proper approval from concern department who has allotted the land to seller whether those officers are agreed as per their terms and conditions. Kindly check their terms and conditions of transfer of ownership and act accordingly.
Kindly provide that office name whether its rehabilitation department of Karnataka state.
On basis of will apply for mutation of property in your name
2) enclose copy of registered will
3) latest receipt of payment of property taxes
4) if no objections are received mutation would be done in your name
5)it is advisable to apply for probate of will
1. If you are the recipient of the WILL, you will get the ownership of land in the normal circumstances.
2. However, If it were to be a grant land, then it comes under PTCL Act. If it's so, then permission has to be obtained from the jurisdictional Deputy Commissioner of the District in which the land is situated.
Yes you will get the ownership
Dear sir,
You can get the ownership of the land if it was the deceased's self acquired land. It was ancestral land the will would become invalid.
yes you can claim the same you will get the same
Dear Sir,
It is clear document and you will get the property without second word. On the basis of Will get the property transferred in your name immediately. Further never vacate the premises or give it to the third person on rent etc. There are chances of evicting you forcibly. Let them go to the civil court it will run for few years without any result.
you may apply for probate of will before court.
Yes you can the ownership of property by getting the orders to probate the will from court.
Yes, WILL is valid for all purpose, transfer the ownership in your name in revenue record. Have to submit copy of WILL and death certificate.
