Vikash Singhania
19 October 2011 at 13:22
what is the procedure to get legal heir certificate and where it can be obtained, what documents are required to get this certificate?
Rajarajan
19 October 2011 at 12:36
Dear Experts,
I have come across various queries regarding the Will/Legal heir Certificate/Succession certificate in forum for transfer of assets to the legal heirs/nominees.
I have few rather peculiar queries as a laymann. For Example:
A husband and wife has only one child. Husband's parents are not alive.And Husband has no brothers/sisters.
Husband dies without leaving any will and all the assets are earned by himself.
Assuming the husband has left bank balances with/without nomination, Shares and Mutual Funds and deposits. But I dont talk about any Immovable Properties here.
The wife is not having any legal documents for relationship like Ration card/passport/marriage certificate.
My query is ; If there is no dispute between wife and children, Why is there a need for any proof for claiming money.
Is it not possible if the wife or child can use the ATM Card of the husband to get the money from the bank accounts ? or Use the Netbanking to transfer funds from Husband account to Wife or Child Account.
How does the bank / Mutual Fund company comes to know whether the account holder is alive or not unless informed by the family member?
Same thing for Mutual Funds - Wife or child can sell the Mutual Funds / Shares using the Net banking or Trading Login of the Husband and then transfer funds from the bank accounts .
Again my assumption here is :
1. No properties.
2. No dispute between wife and Child
3. It is a case of contingency where the wife and child depend on the income of Husband for the life and no proper documents to claim money.
Please pardon me in case of any wrong questions or silly questions?
Regards,
Rajarajan Gurunath
Mumbai.
Anonymous
19 October 2011 at 00:35
Respected Experts
I am an advocate. My friend wants me to defend his known ones, who resides about one thousand km away from my city, in a court case. Plaintiff belongs to my city.
My friend says that he will get me signed vakalatnama.
Since i will not have any opportunity to meet the defendant, what precaution shall i observe to ensure that vakalatnama is signed by the real defandant (proprietorship/partnership concern). Actually in my city cases have happened where advocates were duped in good faith.
In case i file the vakalatnama and as my friend says that a compromise is going to be effected, what shall i do to save myself from any legal problem related to authenticity of signatory of vakalatnama, as statement related to compromises will have to be made by me in the absence of party.
Anonymous
17 October 2011 at 15:45
Hi members,
Can any one pl give me format of Agreement for advance given to supplier.
Regards,
Sundaram Kumar
16 October 2011 at 12:33
I am a Registered Income Tax Practitioner and BAL degree graduate could not enter with Bar Council.
Can I file any writ pettition in to any court ?
Sundaram Kumar M.A., M.Com., B.A.l.,
Anonymous
15 October 2011 at 16:03
Good evening to all- recently supreme court passed a ruling that from october-11 2011 valid instrument of transaction of property is the sale deed only. i have a query that what will be the effect on the person/s or builders who had / have entered in to development agreement cum gpa with the land owners and what will be effect of this ruling on those builders. will the builders will have power to alienate its share as per allotment made in development agreement or the sale deed had to be executed by the original owners themselves.
rahul
15 October 2011 at 15:42
Dear sir,
My father got loan from a finance on 1986 for 1.75 lac and was paying 36 % interest then on. He signed Empty Pro-note on the time of purchase and on 2000. we have paid 25 lac total cumulative in interest and principle. Whenever asked about the pro-note back they said that they have to recheck the account for late interest on 2001. to my surprise this 2011 finance guys are demanding another 15 lac rupees in cash as they come to know that we are selling our agriculture land. Please help me as my father is a poor farmer and also we filed a case on 2001 in local police station that we missed our empty pro-note in bus stand since we fear that this guys might be behind that theft also.
Anonymous
15 October 2011 at 00:34
Power of attorney had been incorporated in a partnership deed. Can this power of attorney be cancelled? Will the signature of all the partners be required or the person who has given the power of attorney can cancel the same with a revocation/cancellation deed. What can be the procedure if it has to be done.
Thanks.
DJ
14 October 2011 at 10:42
Dear All,
Good Morning,
I have one query, Yesterday i bought two stamp paper of Rs. 100/- each, at the time of buying I am not going with my company stamp so I bought this papers on my name, but this papers required for making agreement between management & union, so please give me expert advice should we used same paper for company official purpose, else, what personally I dont need this stamp paper.
Kindly suggest at the earliest.
Regards,
Dhananjay
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Mortgage loan by banks on basis of will
1)once probate decree is obtained infavour of beneficiary, then how beneficiary can get mortgage/housing loan on that property by banks since beneficiary did not have any gift/sale deed documents original in her name.
2)since probate of WILL is valid document just like gift/sale deed & also probate of WILL does not require registeration.If this is case,then a) HOW beneficiary name in the Probate decree will reflects in EC in sub register office.. b)i this is case how banks will give information to sub register office about morgage of beneficiary property & how banks can pray in sub register office to reflect that mortgager name in transactions in Encumbrance certificate