Anonymous
02 October 2010 at 16:20
Hi,if the co legal heir to the property for which the will has to be probated is deceased,(a) do the next of kin of the deceased legal heir automatically become legal hiers to the property under the will? (b) are the next of kin under this case treated as separate legal entities and not as one party and have to pay separate fees etc for the probate? (c) What are the consequences if the next of kin to the deceased legal heir do not wish to be part of the probate? what is the procedure to inform the court of thier disinterest in being party to the same?
Unnati
02 October 2010 at 13:57
Facts of the case-
Mr A was the owner of a property in the co-operative society wich he had acquired from his self generated rsources.Mr A suddenly died in the year 1999 leaving behind a WILL but there was no nomination in the co-operative society for the property. Mr A was married but his wife had deserted him, officially the divorce had not taken place. There was no issue out of their marraige – In his WILL Mr A had specifically stated that none of his assets (including the said property) should go to his wife. According to Mr A 's WILL, his married sister - Smt C being the executrix of his WILL should ensure that his assets should devolve to his parents in equal ratio (50:50). And as per the WILL of parents all their assets should be devolved to their married daughter as there was no other lagal heir.
The WILL of Mr A was challenged by his deserted wife Smt B and hence Smt C (married sister of deceased Mr A) filled a peteition of obtaining the PROBATE of the WILL.
In the due course in the year 2005 there was a settlement between Smt B (deserted wife of deceased Mr A) and Smt C (married sister of deceased Mr A) whereby Smt C paid Rs 5 lacs (lumpsum) to Smt B and inturn Smt B gave NOC in favour of Smt C for all the assets of Mr A (including the property).
In the year 2006 Smt B (deserted wife of Mr A) died, leaving behind Smt C (married sister of Mr A) as the sole legal heir.
Thereafter in the year 2008 PROBATE of Mr A's WILL was granted by the honourable Court. Now Smt C wants to make application for transfering Mr A's property in her own name.
Query - In the above case - does any of the transaction attract stamp duty under Bombay Stamp Act?
If yes, then at what rate and on what amount?
Anonymous
02 October 2010 at 12:51
Dear sir
I have leased out my 2BHK DDA flat (built 1989) to a company (for their specified employee only) on monthly rent of Rs. 12000/-. Company has paid the rent regularly during two year lease period and no problems whatsoever.
As per agreement lease expires automatically on 14 oct 2010. The employee wants to continue living in the flat for another two years and he says company will make a fresh new agreement. However company has not approached me so far.
My querry is whether I should insist on making new agreement with effect from 15 oct 2010 or maybe with effect from 01st nov 2010 (by giving a gap of 15 days between old and new agreement)
Anonymous
02 October 2010 at 06:51
Dear Friends of the Experts Forum,
One Mr. 'A' fraudlently sells a property to Mr.'X', which does not belons to him as per WILL.This property actually belongs to Mr. 'B', as per WILL. Now what should Mr."B', have to do;
1)Mr. 'B', will approach Registering authorities for the the cancellation of the registration/sale done by Mr.'A',by showing the WILL and other relavant documents,
2)Mr.'B', will have to go to Court of law for the cancellation of the registration fraudlently done by Mr.'A' in the year May'2006. But,in this case 'court fees' has to be paid for no fault of Mr.'B', am I right? or, is there any other alternative avilable?
This problem belongs to the state of Andhrapradesh, and as per my knowledge, Probation of WILL is not necessary in AP.Am i correct?
with regards and Thanking you ALL in advavace, expecting an urgent and viable solution to this problem , please!
Sanjay
01 October 2010 at 21:25
we are about 15 members of a registered cooperative housing society having a piece of land in pune which is at present vacant. We are going to give it to a builder (developer) for development ie to construct flats for the exsisting members and to sell the remaining flats.So that we receive the flats free of cost. In such a case where the exsisting society gives the land for development is it necessary to obtain a conveyance deed from the developer or a Bhogavata patra is enough.
Anonymous
01 October 2010 at 18:05
Dear Sir,
Is unregistered partition deed of joint ancestral property valid? The deed was made among family members 24 years back and all family members have been enjoying their respective shares with harmony as per that unregistered partition deed. Now one person wants to challenge that unregistered partition deed made 24 years back, which was made when that person was a minor of 12 yrs. Can she challenge this unregistered partition deed in a court of law.
Shruti
01 October 2010 at 13:28
How can I evict a tenant in Bomabay? Sec. 16 of the Maharashtra Rent Control Act, 1999 uses the words "if the court is satisfied". Does this mean that i have to apply to the court to evict a tenant, or is there any other way? Any information on this point will be appreciated.
Anonymous
01 October 2010 at 02:31
Hi, I have a Flat in Sion, Mumbai. The Flat is in the name of my Grand father who is no longer alive. I have the Power of Attorney. The issue is that, on the Flat agreement (This is a co-op hsg soc), there are 2 names, my grand father and a 3rd party. Alongwith this, the 3rd party's name is mentioned in the Application of the members of the scoiety which is sent to the registrar of societies office. However, this 3rd party has Never come to this falt, has nothing to do in my flat and has NO objection in me seeling the flat, however, has FLATLY refused to give this in writing/bond/etc. Now, another fact is that, on the Share certificate, there is only 1 name which is of my grand father, in the Society Bye-laws, there is again, only 1 name, which is of my grand father, the nomination form has My name (in which the society has put a clause that I only have the right in this flat, to the extend of shares held by my grand father), all the society outwards, have only my grand fathers name, electricity bill, mtnl landline bill, societyoutgoing, etc has only my grand fathers name. The society is UNWILLING TO DELETE THE name of the 3rd party and has refused to GIVE AN NOC. I cannot sell the flat. Is there any option available?? I have no contact with the 3rd party and all efforts to contact them are in vain. Will the registrar of society have any authprity to direct the society to a) transfer the share certificate in my name? b) give me a NOC to sell this flat to anyone? c) delete the name of the 3rd party from records? d) since the society has put the conditional clause in the nomination form, can this point be challennged??
Anonymous
30 September 2010 at 13:33
If in the Transfer Agreement it is agreed By & Between the Seller & Purchaser that Stamp Duty Plus Registration Charges shall be borne by the Seller, Can it be paid by the Seller? So that He can Claim it for deriving the Price Realised for Tax Purpose.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Procedure for succession certificate
hi, what is the procedure and documents required to apply for succession certificate as legal heirs in the absence of a will?