Hello, We are two brothers. My father wrote a first will to grand kids. My brother was abusive and divorced. he executed a second Will leaving the property to me. My brother filed a law suite with canceled will. The case is still pending. No injection order. Is it possible to mutate the property into my name while the case is pending?
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Where is proeprty situated ?
2) you should apply for probate of second will
3) probate is judicial proof that will is genuine
4) second will supersedes earlier will
5) probate is mandatory for Hindus if property is situated in boa bay , Calcutta , madras
6) apply for mutation only after probate of will
7) due to pendency of court case mutation would not be done in your name
In given circumstances, if there is no interim order staying you from acting on WILL, then you can get the property mutated, however, since case is already pending hence outcome of case or order/judgement passed in the case would govern the fate of property.
There's a civil dispute pending against the property hence the revenue department may not entertain mutation application especially if the opposite party objects citing pendency of civil suit
If there is no stay you can do the same.
- After writing the second Will , the first Will lost its identity , and only the second Will can be executed which is in your name.
- Since, there is no inunction /stay order is passed by the court , then you can apply for mutation in your name after submitting the death certificate of father , and the copy of the said Will.
- However, there may be requirement of probate of Will.
Pending suit with regard to property, the principle of pendent lis will apply, property cannot be mutated till the adjudication of dispute.
Since a civil dispute is ongoing against the property, the revenue department may not consider a mutation request, especially if the opposite party objects. The principle of pendent lis will apply in your case. If the injunction is not obtained for the other party then the revenue authority may not be aware of the subject matter. In such a stage, they can accept the application.
Yes, there is no illegality to effect mutation as there is no stay from court.
Dear client,
In a situation where there is a legal dispute over the ownership of a property, it is generally not advisable to mutate or transfer the property into your name without the resolution of the case. Doing so could potentially complicate the legal proceedings and may be seen as an attempt to manipulate the outcome of the case.
During the pendency of a lawsuit, it is important to respect the legal process and refrain from taking actions that could be perceived as prejudicing the rights of the other party or undermining the court's authority. It's crucial to follow the guidance of your legal counsel and seek their advice on how to proceed.
Laws regarding property disputes and wills can vary depending on the jurisdiction, so it is important to consult with a qualified attorney who specializes in estate and property law in your specific jurisdiction. They will be able to provide you with advice based on the laws and regulations applicable to your case.
