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How can I raise an objection to the mutation or transfer of property? Please provide details on how


25-Jul-2024 (In Civil Law)
My father passed away on 25.2.1967, and my mother on 29-10-2017. We are four sisters (legal heirs): two of us are married and living with our families in Delhi and Bareilly, respectively; one is divorced (Sister A), and the other is unmarried (Sister B), who were living with our mother. Recently, a notarized but unregistered will from May 2000 came to light, naming only Sister A and Sister B as beneficiaries of the property (5 acres of agricultural land). They have filed an application in the tehsil for transfer/mutation of the property into their names. The property is ancestral, bought by our great-grandfather, and is located in Ram Nagar, District Nainital, Uttarakhand. What steps can I take to challenge this? How can I file an objection against the mutation entry, including submitting an online objection for mutation and raising a mutation objection?
Answers (3)

Answer #1
402 votes

An objection to a property mutation can be filed if someone believes the mutation entry is incorrect, illegal, or affects their rights. It is submitted to the local revenue authority (like the Talati or Mamlatdar). The authority will investigate the claim, often hold a hearing, and decide whether to approve or reject the mutation based on the findings.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
651 votes
You will have to challenge th will as it is not registered. As it is unregistered will they will have to get probate from the district court. Until that mutation is not possible. So raise the objection and challenge the will.
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Advocate Manish Kumar Pandey

Adv. Manish Kumar Pandey

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Answer #3
750 votes
I presume that nobody was married when your father passed away. So accordingly the property should be transferred equally to everyone after him. Also, a will cannot be made in case of ancestral property. You should make an objection to mutation proceeding in tehsil. Also a suit can be filed challenging the will in civil court. If it is forged than a criminal case can also be filed.
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Advocate Rakshit Joshi

Adv. Rakshit Joshi

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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Sadiq
If land has been mortgage to co op society bank and they file mutation without serving notice

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