1) Once your grandfather passed away, the property rightfully became your father's asset. 

2)  Because your father passed away after your grandfather, the property passes down to your father's direct legal heirs (i.e., his spouse, you, and your siblings) under the Hindu Succession Act, rather than returning to your grandfather's other children

3)The fact that the mutation or name transfer in government records (Khatauni) is incomplete does not void your ownership. Mutation is simply a fiscal update for tax purposes; ownership is established by the Will and the death certificates of the titleholders

As per Will your father is the beneficiary and the property bequeathed automatically vested on your father upon the death of his father I.e., the testator. 

Now upon your father's death,  his own legal heirs are the successors in interest to succeed to the estates of the deceased beneficiary. 

His brother do not have any rights in the property. 

As your grandfather left a registered Will in your father's favour, after his death and your father's subsequent demise, ONLY all the Class I legal heirs of your father shall inherit his estate equally and exclusively, with each entitled to an undivided equal share. After your father's death, his estate inherited by your grandfather's Will became intestate. Your uncle shall NOT have any share in it.

Dear Client, The legal status of your claim is based on the nature of the Patta land and the specific rules governing land allotments to landless farmers in Uttar Pradesh under the UP Revenue Code of 2006. Generally, land allotted to a landless person under a government scheme is given subject to strict restrictions on transfer. In many cases these specific statutes prohibit the transfer of such land through a Will as the government grants the land for the personal livelihood of the allotted and their direct legal hires not for testimony disposition.

If the land is actually a Patta allotment, the law typically mandates that upon the death of the allottee the land passes according to the order of succession specified in the Revenue Code rather than the will made by the testator, this means that the land would go to the surviving direct legal hires typically the spouse and the children in equal shares. If the governments allotment terms explicitly restrict the right to bequeath the land, the registered will may be legally unenforceable and your father’s brother could have a valid claim as a legal heir under the statutory order of succession.

However, if the Patta land had already been converted into freehold property or if the specific terms of the allotment grant did not forbid alienation by a will your father’s claim might be stronger. To clarify this, you must check the original Patta allotment letter and the current status of land in the revenue records to see if your grandfather had the legal right to bequeath the specific land or not. If the land is strictly non- transferable by Will the law will treat your father and his brother as equal co-heir and your father’s family would not be the sole legal owners of the land. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

if grandfather had registered will for his self acquired property then only your father will have share ajs later his heirs and no others 

- Since, the said Will is dully registered and there is no afresh Will after this Will , then this Will written in the name of your father is legally valid , and your uncle has no right to claim any share in the property. 

- Further ,even if no transfer process was completed at the time of execution of the said Will , then also it not invalidate the Will written in the name of your father. 

- Further, after the demise of your father , this property would be devolved upon all his legal heir equally including you. 

- You can contact me, if further suggestion needed. 

Dear Sir/Madam,

If your grandfather was legally entitled to bequeath this patta land, and the registered Will is valid, your father became entitled to the land on your grandfather’s death.

Your father’s later death does not give his brother a share. Your father’s rights will pass to your father’s legal heirs, not back to your uncle.

Non-completion of mutation does not by itself defeat the Will. File mutation/succession application before Tehsildar with the Will, death certificates and legal heir documents. If uncle objects, the dispute may have to be decided before the competent revenue/civil court.

Advocate Saurabh Agrawal

Based on the facts stated by you, the crucial question is whether your grandfather's Will had already taken effect upon his death and whether your father survived your grandfather.

From your narration, your grandfather executed a registered Will in favour of your father and thereafter passed away about five years ago. Your father was alive at the time of your grandfather's death and only passed away last year. In such circumstances, the bequest under the Will ordinarily vested in your father immediately upon the death of your grandfather. Mutation or revenue entry in the records is merely an administrative process and does not itself create or extinguish title.

Therefore, if the Will is valid and your father survived the testator (your grandfather), the property would ordinarily devolve upon your father under the Will from the date of your grandfather's death. The subsequent failure of the revenue authorities to complete mutation in your father's name due to administrative reasons does not normally alter the legal effect of the Will.

Consequently, upon your father's death, the property would form part of your father's estate and would devolve upon his legal heirs according to his own Will (if any) or, if he died intestate, according to the applicable law of succession.

On the facts stated by you, your father's brother would generally not acquire a share merely because the mutation was pending. Mutation entries are evidence of possession and revenue administration; they are not documents of title. If the property had already vested in your father by virtue of the Will, the pending mutation does not reopen succession in favour of the other children of your grandfather.

However, one important caveat remains. Since the property is described as patta land allotted to a landless farmer in Uttar Pradesh, it is necessary to examine the original allotment conditions. Certain categories of government-allotted agricultural land may contain restrictions on transfer, inheritance, or devolution. Therefore, the allotment order, patta documents, and applicable revenue laws should be examined to ensure that there is no special statutory restriction affecting succession under the Will.

Subject to there being no such restriction, the legal position is that the property vested in your father on the death of your grandfather, and thereafter it would devolve upon your father's legal heirs. Your father's brother would ordinarily have no independent claim merely because the revenue records were not updated before your father's death.

You should therefore preserve and produce:

• The registered Will of your grandfather.

• Death certificate of your grandfather.

• Death certificate of your father.

• The original patta/allotment documents.

• Any records showing that mutation proceedings were initiated but remained pending.

These documents will be important in establishing that the property had already vested in your father before his death and now forms part of his estate rather than the estate of your grandfather.

If your grandfather executed a valid registered Will in favour of your father, the property generally vested in your father immediately upon your grandfather's death. Mutation (name transfer in revenue records) is only an administrative process and does not create or extinguish title. Therefore, the fact that the patta land was not mutated in your father's name before his death does not, by itself, give your father's brother a share in the property. Upon your father's death, his rights in the property would ordinarily devolve upon his own legal heirs (such as his widow, children, and mother, if alive) according to the applicable succession law. However, one important issue is whether the terms of the original government allotment or patta restricted transfer by Will. You should obtain the allotment order and patta conditions from the Tehsil records. If no such restriction exists and the Will is valid, your father's family would ordinarily have the stronger claim, not your uncle. Consult a local revenue lawyer to examine the patta conditions and mutation proceedings.