Legal Question in Wills and Trusts in India
5 acres of agriculture land in my grand father name (Self acquired), There are 4 sons divided this property along with my grand father of equal share of 1 acre each (5 shares) through panchayithi palupatti (Unregistered) in the year 1985. But no mutations were transferred. Property still in my grand father name. Because of unregistered, revenue officials not transfering khatas in favour of sons as one of my uncle filed objection notice to revenue department not to transfer khatas as he claims as follows;
1. My grand father made a registered will in favour of one of my uncle (objection filed party) son in the year 1994.
2. because of that he is not signing for khata transfer as my uncle sign is essential because unregistered partition deed.
Dear sir, we got the registered will deed through taluk office and noticed some of the things as follows:
1. My grand father in that registered will clearly mentioned that, He given shares to all four sons as per partition deed which took place in the year 1985, accordingly everyone in their respective share positions. These words clearly written in the will.
2. He clearly telling in that registered will, he is going to give his share only got through unregistered partition deed took place in the year 1985 (as per that deed his share is only 1 acre).
3. But while writing in schedule property section of the will. He is mentioned 2 acres of his share he got through partition deed of 1985 (but his share is only one acre)
4. As per partition deed his share boundary (chekkubandhi) different from what he is writiing in the registered will. (This means as per partition deed his share in 3rd place from east, but in registered will he mentioning 1st share from east, so mismatch of boundaries).
5. The witteness for the will his my uncle only (my uncle signed as a witness, father of will owner).
Dear sir please advice me what will be the case position, as my grandfather in his registered wil clearly telling, he is going to give his share only he got through partition deed of year 1985. But in schedule property section of the will what he is writiing mismatches with extent, chekkubandi, etc of the partition deed what he is mentioning in the same will.
1 Answer from Attorneys
You may file a civil suit claiming owernship of your share on the basis of registered will.
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