Legal Question in Civil Litigation in
will of the year 1982 in india ,not produce and mutation entered on the basis of inheritance i want to challange the above said mutation of inheritance.and i want to enter the mutation the basis of will in a suit for declaration i want some law points, judgements
2 Answers from Attorneys
Merely by getting a declaration you not be able to get mutation on the basis of WILL as the Will would be required to be probated for the court of District Judge. You have not mentioned the city in which property is located. As in Delhi Probate as such is not legally required. However, your circumstances and facts are such that mutation has already been carried on inheritance but you want to bring in Will. you have not mentioned when did the testator die and when was the mutation take place.
this is an old will and as the mutation is done, your case may be barred by limitation unless you are able to prove that it came to your knowledge 3 years prior to filing of the suit.
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