• I was in my land but land was in some body name

Hi my name is sri am from Ongole Andhra Pradesh I was in my land from 60 years but in govt land records it was in some body name .Regarding this land we have will which was written by my grandfather father(29/5/73)in it my grandfather father divided his proprieties into 2 parts to my grandfather(30 acrs ) and to his brother(30arcs)  but will was not registered it was written in white paper . Again in 1990 my grandfather has written will on 2 rupees bond papers what ever his father gave to him into 2 parts my father(farmer ) 20 arcs  and 10 arcs to my uncle (Govt Job holder )  and this will was not registered. my uncle and my grand father brother land was with there names  in govt records my 18 acrs is in my name but my renaming 2 acrs land was in some body name(he is not belongs to my area ) now my grand father and my father was died. i approached Mandal Revenue officer regarding to change this they are asking me legal documents and they are saying that will are not valued because the will was not registered .Then what to do .
Asked 2 years ago in Property Law from Ongole, Andhra Pradesh
Religion: Hindu
If the will is not registered, it can be probated through court of law.
First you apply for the registration f and as per will to he beneficiary.
Let the authorities reject the application in writing quoting the reasons for rejection
Then you may approach court with a suit for declaration and direction to the authorities to transfer the same s per the will contents.
T Kalaiselvan
Advocate, Vellore
37093 Answers
403 Consultations

5.0 on 5.0

1) registration fo will is not mandatory 

2) it is optional 

3) you have not clarified whether will has been executed by grand father in presence of 2 witnesses or not 

4) if will is attested by 2 witnesses it would be valid 

5) file declaratory suit that you are owner of 2 acres of land  and seek injunction restraining third person from creating any third party rights on said land 

6) enclose copy of  grand father will . if necessary apply for probate of grand father will 
Ajay Sethi
Advocate, Mumbai
46896 Answers
2772 Consultations

5.0 on 5.0

A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

Approach the civil court and file a suit for declaration . And prove the will with attesting witness. 
Ajay N S
Advocate, Ernakulam
2829 Answers
47 Consultations

5.0 on 5.0

1. The title to a property flows from the sale deed and not the revenue documents. If you have the original sale deed of the property then you can apply for mutation in the revenue office. A comprehensive title search in the office of sub-registrar should be conducted to search and pull out the title deeds.

2. The registration of a will is purely optional. An unregistered will has the same legal validity as a registered one.

3. If the title deed of the property is traceable then you can file a suit for mandatory injunction against the revenue officer to compel him to carry out mutation/
Ashish Davessar
Advocate, Jaipur
23180 Answers
641 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer