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Can relative claim right over land when there is a registered will


30-Mar-2023 (In Property Law)
Hi, My father was adopted one of father's uncle( Chacha ji) because he did not have any own child. My father was taking care of him till his death like his real father.He made a registered will in favor of my father in 1996 that his all the assets and property will be transfer on my father's name after his death.According to that will mutation of agriculture land was done on my father's name in 2007 but now after 9 years of mutation, my father's real brothers (two out of six) claiming that they also have the right on that property. They offered some money to Tehsildar and sent a summon to us. I would like to know the answer of few questions: 1.If my grand father made a registered will so how can they claim for their right? 2.What actions should we take against them? 3.In Indian law what is the importance of a registered will? 4.what would be the circumstances of this case. Please guide me. Looking for valuable suggestions.
Answers (3)

Answer #1
706 votes
Sir,

Regarding your 1st query your father's brother cannot claim any right over the land as your grandfather made a registered will in favour of your father.

2) Mutation proceeding cannot decide the title, you contest that matter wherever it is filed

3) Third query is answered in the 1st query itself.

Your father's brother can only claim there right if they file suit under zamindari abolition act.
Do let me know from which state do you belong.

Thanks
Answer #2
936 votes
Mutation of your father's name was done on the basis of registered will therefore unless the will is declared void by a competent court mutation order passed earlier can not be changed. Appear before the tahsildar and file your objection ..
Answer #3
772 votes
no any relative can claim over the land when there is a egistered will. registered will or un registered will in movable and urban area property are valuble and reliable document while cancil by th e competent court of law.

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