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Vinit J   28 April 2010 at 16:02

Question regarding the Succession certificate and will

Hi,

I am Vinit here. I have some question/doubt regarding the Succession certificate and Will.

1. I have heard that after getting succession certificate (or during the process of getting it), we have to pay the court fee/stamp duty based on the property/asset price. Can someone give me clarity how much it is in Maharashtra state for physical asset? How much is the stamp duty which needs to be paid to get the assets transferred on heirs name?
2. If a person dies after making a will (So no need of getting succession certificate). I want to know Does his heirs has to pay such court fee / Stamp duty to transfer the assets?

Thanks

pratik   28 April 2010 at 15:39

Stamp & Others

1) Meaning of impressed stamp & Adhesive stamp there uses & which one is most imp.

2)What do u mean by miscellaneous proceedings as per cpc, 1908 section 141 .With the example.

3)As per section 60 of the CPC Civil Procedure code, 1908 says which values or assets are not liable for the attachment that method should be followed by the officer under the income tax act, 1961 so why CPC orders form 1 to 50 cannot apply to the income tax proceedings which is between the A.O. or any higher authority of it. Why?

Thanks In advance.

Amandeep Singh   28 April 2010 at 14:23

Waiver of Cost in a civil suit?????????

Sir
As per our compromise with the third party we had to pay amount of Rs.549000/- out of the sale proceeds of our property which was to be sold within 6 months of the deed.As we were unable to sell the same property and the other person is demanding interest cost @18% pa.Pls send me any supreme court judgement for waiver of such cost as the payment becomes due only on the sale of the property and not on the date mentioned in the compromise.....

raghavendra   28 April 2010 at 14:10

regading draft

sir,
1, can you provide me what are the documents are necessary to purchase the property.

2. what are the documents are require to take property or land or building on lease ? and is registration in mandatory ? what are the terms and conditions are required to insert ? kindly give me one draft of lease and rental agreement.

3. what is the differance between rent and lease, please give me one draft, and please exlain abut the validity.
4, is registration for rent or lease agreement is necessary?
5. is there any other mode of taking building on hire for running a bussiness?
this is relating to karantaka state please give me a advice.thank you

Anonymous   28 April 2010 at 13:51

S.36 & O.39 R2A

Earlier posted in forum page. Satisfactory reply not received. Hence posted here.

S.36 of CPC reads, "The provisions of this Code relating to the execution of decrees shall so far as they are aplicable be deemed to apply to the execution of orders.

O.39 R 2A reads, "In the case of disobedience of order made under rule 1 or 2, the court making the order, may order the property of the person guilty of disobedience or breach to be attached and may also order such person to be detained in the civil person".

In view of S.36 is it not permissable for Executing Court to exercise powers under O.39 R2A?

Is the view correct, that the effect of O.39 R2A amounts to arrest and attachment before judgment and therefore executing court cannot exercise powers u/s 36?

In such cases is it necessary for the litigant to file an application under O.38 R1 or R5 for obtaining relief under O 39 R 2A

Anonymous   28 April 2010 at 13:38

Supreme court matter.

Respected Experts,
There is a SLP pending before Supreme Court of India. In an application, filed by the petitioner, on 04-12-2009 the Hon'ble court made the following order"Post the application along with the SLP for hearing during summber vacations, 2010". And according to the said order the above said SLP has to be listed in summer vacation list. But the same was not posted. So now I want to do. I also requested my On record Advocate to see that it should be listed.
In such a situation, what we should do generally. I also sent a mail to the court's mail ID about not listing of the case.

Anonymous   28 April 2010 at 12:58

Defendant suit

Please through light to following query

A at Chennai & B at Hyderabad entered into a agreement at Chennai. A terminated the agreement. B filed a suit for injuction at courts at hyderabad. Temp injun was granted by hyderabad courtm for one month.

1. Is the suit maintainable at Hyd?

2. Can A file a suit against B on the basis of agreemnent at Chennai?

J. P. Shah   28 April 2010 at 10:56

Legal guardian of minor

A Hindu widow lady expired intestate. She has major son and a minor son. Can major son be treated as natural guardian for claiming deposits from a bank ? or he will have to obtain legal guardianship from court under Guardianship & Wards Act.

arun bansal   28 April 2010 at 00:45

regular matter in HC

how much time generally taken by DHC to hear regular matters. not listed since 2008

Anonymous   28 April 2010 at 00:15

execution proceeding

only the address of def'dant known in ex parte proceeding and not possible to trace exactly the figure of def'dant's property status. If the court directed of its own motion to assist the p'tiff to get the help from SDM by issuing any order in this direction
any other way to get the status of movable and immovable property of def'dant