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Case of property dispute multiple wives
28-Mar-2025 (In Property Law)
Hindu man(86)died in 2006 leaving his ancestral land in UP for 1 surviving widow & 4 sons frm 2 marriages. The wife left a rgstrd will to pass her share to her own Son, on which tehsildar quietly passed a mutation order in 2008. But now in Real time Khatauni, all sons are showing equal share. Aggrieved son has now filed a section 38(2) case in SDM court to effect 2008 tehsildar order. Is this will compliant with law? If not, How can I challenge tahsildar’s 2008 order?
you can file a civil case in civil court as a appeal from the tahsildar. Hindu succession act property devolves as class 1 heirs and class 2 heirs ok all documents are showing equal share we can challenge the tehsildars court
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Adv. Spiti Sarkar
Greater Noida | 200+ Answers
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Thank you for sharing the details. This appears to be a complex case involving ancestral property, succession rights, and mutation based on a Will. Under Hindu law, a widow’s right over ancestral property depends on the nature of her interest — and whether she had a defined share she could legally bequeath. If not, the Will may not be enforceable as claimed.
If the 2008 mutation was passed without notifying other legal heirs or without proper partition, it can certainly be challenged. Filing under Section 38(2) of the U.P. Land Revenue Act is a good step, but you may also need to consider a civil suit for cancellation of mutation or partition.
I’d be happy to assist further by reviewing the 2008 mutation order, Khatauni records, the registered Will, and any other related documents. Once reviewed, we can help you frame a stronger legal strategy to protect your rightful share. Feel free to send the documents or book a detailed consultation at your convenience.
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Adv. Varun Chaudhary
Ghaziabad | 25+ Answers
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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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