Anonymous
20 January 2020 at 00:00
Hello ,
My mother was second wife to my father.
She was government employee.
She expired without a WILL and left a house.
I am her son how to get legal heir certificate?
Is this has to go through Court to get legal heir certificate?
Does my father can get any share from my mother house , since she is second wife to him. ( house purchased by mother through her own salary).
Parag
19 January 2020 at 17:30
I had given my premises on leave and license basis to a lady for her tours/travels office. She is absconding. Her LL fees PDC cheque has returned yesterday. Her husband said that she has borrowed money from market and probably fleed. He has intimated the police that she is missing. Her husband and her father are ready to hand over the keys and end the contract. They dont hold her POA. Her furniture is still there in the said premises and electronics is not there. In this case, will it be alright if her relatives end this contract or should I file a eviction suit?
santosh
19 January 2020 at 14:40
thank you sir for your answer
Anonymous
19 January 2020 at 14:00
I hold a residential property in Mumbai jointly with my mother. My mother's name is first followed by my name, now she has passed away recently what is the procedure for the transmission to my name is there any form required for the society to be submitted. Please advice. My mother nominated my wife as the nominee, and I am only son.
Anonymous
19 January 2020 at 13:53
Hello ,
My mother purchased plot during the year 1987 , she took loan in 1991 on that plot for house construction and pledged documents in the bank.
Loan was cleared by 2003 during her retirement, due some accounts issues plot documents not released by Bank.
My mother expired in 2006 , but she has not done any WILL.
In 2011 some X person sold the plot to Y by forging my mother signature.
What is the legal procedure now to get the land to legal heir which is me her Son.
Anonymous
19 January 2020 at 12:51
Do daughter's have same right on father's and/or mother's property if it's ancsetral? Father died before 2005.
Does the same applies to mother's property too? She died after 2006
Madhu Mittal
18 January 2020 at 17:34
A loan is given to Mr. borrower on 25.04.2017 by taking in repayment a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks a/c freeze. When notice u/s 138 was issued, It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.
Last payment of interest by cheque was on 06.02.2018.
1. Whether suit under Order 37 CPC can be filed on behalf of this returned cheque of borrower against his legal heir i.e. wife.
2. If yes, whether notice u/s 80 CPC is to be issued again or notice u/s 138 earlier issued was sufficient.
3. Any other remedy.
Anonymous
18 January 2020 at 17:20
My father died in August 2013 and we 3 sisters and 1 brother had equal share. Now the share certificate shows 4 names as the members as per the Will and nominations. My brother refused to resolve the matter and is in possession of the Flat. In August 2019, he too passed away. We notified thru a letter to make changes to the share certificate, but they are asking for succession certificate. Can we 3 sisters sale the flat? We are ready to give our brothers's share to his family. Please advise.
Madhu Mittal
18 January 2020 at 14:53
Whether a person can be Karta of two Hufs when all members are same?
There is one(Ist) Huf coparceners being Karta named K, k’s wife B, K’s son N, K’s daughter in law M, This Ist Huf was made in 1990. N’s son J, N’s another son L became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.
Simultaneously, There is another (2nd or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf was made in 1994.
Karta of Ist Huf i.e K died.
Can N being his only son can become Karta of Ist Huf, while keeping him Karta of 2nd Huf ?
or Ist Huf is to be desolved as all the members of both Huf being same ?
something important are written at below mentioned thread are confusing or not clear:
1. https://www.caclubindia.com/forum/huf-and-smaller-huf-186543.asp
Now coming to the second part of the question, in my opinion, if the Mother dies, then the Bigger HUF comes to an end and only the Smaller HUF would remain (As all the remaining members of the Bigger HUF & Smaller HUF are the same)
2. https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/
Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.
3. http://www.caclubindia.com/experts/death-of-karta-of-huf-174821.asp
HUF is dissolved only on the partition of property between the members. Please note partly partition of HUF is not approved under this ACT, Partition means full partition.
4. http://www.financialexpress.com/archive/a-huf-account-can-also-be-closed-after-dissolving-the-huf/482112/
…..You have perhaps not understood the bank correctly. An HUF never dies.
5. https://www.kaanoon.com/7315/dissolution-of-huf
…If father & mother dies than the minor child will be the karta of HUF.
…HUF ceases to exist when any of the following event occurs : 6. When does an HUF cease to exist ? - On total partition of HUF, - There is left only one member in HUF due to death of other member/s or for any other reason.
6. https://www.caclubindia.com/forum/details.asp?mod_id=129702&offset=1
…..untill any of the member is alive in HUF family the HUF can run/continue,
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Adding alias name in my father's name
sir
my father's name is DAUD KHAN and He is known in village and in society by both names DAUD KHAN and DAWD KHAN
while in aadhar card his name is DAUD KHAN . Can i go for Gazzete to do DAUD KHAN alias DAWD KHAN and what documents are required ?
thanks