Mukund
29 January 2016 at 20:22
I and my father jointly hold an immoveable property ( a flat) in Thane, Mumbai. The agreement is in joint names. The shares in housing society are also in joint names (father/myself)
He had nominated my mother for his interest in the housing society’s membership, shares held in society and the flat.
My father died 8 years ago, intestate or without leaving any will
As per his nomination, the shares were transferred in my mother’s name, again jointly.. i.e mother/myself.
For the society membership and shares, my mother nominated my 2 sisters- each with 50% share.
My mother also died last year. As per nomination, we have applied to the society for transfer of shares and membership. She has also not made a will.
There are 4 heirs – 1 son ( i.e. me) and 3 daughters.
We now want to sell the property and for that want to establish heirship, ownership and distribution of share in the property.
Accordingly I have following questions. Kindly guide.
- What kind of documents/ process needs to be followed- is it Heirship certificate, or Succession Certificate or Letter of administration or all of these?
- What is the process to get these certificates or the minimum mandatory documents/certificates? I guess we need to apply in Dist Civil Court.
- How the joint ownership of the property between me and my father will now reflect between the 4 heirs and what will be the share of each? I understand Hindu Succession Act will come in play here.
- Will any of these certificates give each heir’s share in the property? If not how that gets established?
- One of sisters lives outside India. Is her physical presence mandatory or can she give a POA to one of the other heirs?
- Post obtaining these documents/certificate, do we need to get any other government, municipal corporation, society records updated? Or is it enough for all the heirs to sign the sale deed when the property is sold along with the copy of the certificate (s) ?
- What are the approx. timelines involved?
- Is it mandatory to have all the above certificates and compliance of related process if I and my sisters have no disputes as regards our individual shares? I understand the court fees, etc involve substantial money.
pardeep pateyar
29 January 2016 at 19:45
Respected experts
My case is that A was driver of motorcycle and B was pillon rider motorcycle fell down and B dies in hospital . Police lodged fir as A driver and B pillion rider but in the final report the police taking bribe from A convert the case with B as driver and A pillion rider did not recored the statement of A and the person who taken B hospital from the place of accident morever the police changed the offending vehicle. Said final report filed before magistrate and magistrate dismissed the case.
Now what remedies we have except high couet . Can we file complaint before magistrate u/s 156(3) to direct crime branch to investigate.
Ramesh
29 January 2016 at 18:59
Experts of the Forum,
can i obtain a persons personal/pension file under RTI Act.205.Will the authorities entertain my request to go through his file, under RTI Act?
Thsnking you ALL.
Ankush156
29 January 2016 at 18:48
Hi all,
I am very sorry for bothering you but I need an help/suggestion from you.
Please help me/ suggest if you can .
A girl has lodged a false case against me(section 354, 294 & 506) after which the police men arrested me without asking me anything or investigating anything with regards to the matter .
They had put me behind bars for 16 hours after which I got bail from court .
The girl was my friend 3-4 years back.
She had lodged a case of rape against 1 and other cases against 7 other people in the month of august 2015 now she has demanded for some money(10lakhs) to withdraw the case.
She called me On 15th January to ask me to meet out for some settlements that needs to be done with her husband where in denied to meet anyone because I was totally unaware what is going on.
she was forcing me to accept a relation which i never had with her.
Next day I registered a case(NC) against the girl .I.e on 16th January where in the girl was called at police station to sign on the bond paper along with her husband .
The girl on 25th January registered a case against me saying that I am threatening her(section 354) I said her bad words on road , holded her hand and sexualy abused her on road after which she was not in a state to come to police station and register a FIR against me.
The fact is that on 15th January there was sahitya sammelan in pune and all roads were blocked and full near ambedkar chowk pimpri.and there were police mens all over(the incident place)
the second imp. thing is that I had never met her in the last 2-3 years .
also on 15th evening she only called me 8 times which I have as record with me along with that I have recorded a call of them asking me to meet out for settlement.
She doesn't have any eye witness and evidence to prove the allegations whereas I have her call records that she only called me on 15th and where in she was talking in a very polite way with me also i have recorded the same call.
thus i have:
- call records as a proof with me(where she called me 8 times)
-call recording of 16min where she and her husband were onto me asking lot of questions and i was answering them as the guy said me he is the police.
-on 16th the police men called the girl to sign a bond where in they have agreed not to disturb me in future.
-akash jaiswal is unknown to me and i have never met him till date in my entire life.
then why will i threaten her to take the rape case back..?
I am preparing for IAS examination from last one year and because of this false case not only me but my family is also suffering, my career is on stake :'(
I request you to please help me in this case by guiding me up.
Ramesh
29 January 2016 at 17:59
Respected Forum Members,
In acase, pending in the court a person uses Family member certificate issued by MRO (Tahasildar) for substituing his name as a Sucessor( represnting a Dead person), Is it proper?
Waiting for your urgent reply, Please.
Thanking you ALL.
HSJAIN
29 January 2016 at 17:30
Our MC has Resigned abruptly in the Last AGM. Now Dy.Registrar has appointed Authorised Officer to take over of charge.In this context please clarify the following points:
1. What different forms of charges for the day today expenses,if any, society is liable to pay to the Officer so appointed.
2. Can member who has rented his/her flat can contest for the Managing Committee election.
3.Whether Associate Member by filling up the requisite Form can contest the election though his name may not appear on share certificate.
4. Please give the likely election expenses for 56 member society.
sreekanth
29 January 2016 at 16:59
Subject : Divorce
Message :
Hi madam, I am married since 2011, it was love marriage one side she proposed but my fault to accept and marry her within a week of proposal without knowing her properly. Same minitue after after marriage I realised i should not have done since I had an affair already , we had some small fight and where not communicating , in that gap only she proposed, but I could not share me to any one except my GF i realised this strongly.So i did not live a married life even for a day, she knows all this that I have an affair she even shaid she knows about that. I used to ask why did she marry me then.she had no answer. she did all detective work getting my papers, mobile messages ect and threaten staying would inform my GF. I was afraid to disclose this to my GF as she was waiting for me all these years again my fault should have told her about my wedding. Was afraid if she does something destructive to herself(almost 7 years relationship). My wife used to abusive to the core made me stand naked even I did everything because of threat, she used to drik vomit i used to clean, this i reported to her mother whom she respects but she says will send her to yoga class ect. i had been underging this tortoure for 4 years atlast decided to come out of it and started to stay separately in US last year even before that out of 4 years I hardly stayed with her say only for 1 and half years other wise used to to US or China just to escape from her.She always sends mail only mode of communication threatening to get her visa or will will inform my GF so got her visa she came on 23 may 2015 to US and stayed till 27 Oct 2015, and one day force fully raped me threatending same , after that i had no physical relationship. Any how she went and I never contacted even now nor did i do before.I changed my maild id in which she was communicating to avoid her.she used to say this is not working out so will go mutually this even her mother said so this is one of the reason I waited patientely, for mutual.when Initially i refused to get visa but her mother told this would be last try if does not work will leave silently, so got visa. i was supposed to file for divorce,called if they will come for mutual separation they are saying she is pregnant and if i file also they are not bothered i dont know if it is true even.i have got mails written by her stating not even one day it was peaceful and it was a married life. But I cannot live with her any more I am under mental stress and i am suffering to to core as she is suspicious she connects even with 13 year old kid when should I file divorce wnd want your suggestion.
Dr. P. K. Pranav
29 January 2016 at 16:47
Exhibit of documents
There is a title appeal in a district court which was filed by my maternal grandfather in my behalf when I was minor. After his sudden death, the case was dormant. After few years, I came to know about the case and at present I am looking after it. After completing several arguments, honorable judge asked to submit few papers which were exhibited by my maternal grandfather. These papers are not traceable. We have already made available the certified copy of same paper/documents from various record rooms. Finally all the papers are available in record but not the same copy. After all these efforts, judge is not ready to pass the order.
Is there any law by which I can support our arguments? Please help my.
Bharat chhabra
29 January 2016 at 16:42
Hello My name's Bharat.Recently i got a job in a big company.Surprisingly,On my first day they called a lawyer and asked me to sign the bond for 1 year.If i would breach it,I have to pay 1lakh to the company.However I did manage to dodge them on my first day.And i have my plans to migrate to canada from the september this year.So,I won't be able to complete the 1year of bond.So,I want to know if i would breach it,Would they have any chance to take any action against me.Please help me.I'm confused.
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I applied in both railway E.R. and SER as M.P.and ITI minimum as per adv. Unfotunatly i miss to mention about my H.S. . I had been selected first Southeast Rly southeast and kol RRB had attached attention from and pvr H.S. certificate .it is only closed my service file . Ihad been farther selected Eastern rail at same post . I had took technical resignation and joined Erly but at the time of attestion I informed Erly about my H.S. qualification but they ignored as per my application .my service continuing from Serly to Erly. My service book will come from Serly to ERly.i to applied wpo for adding H.s> certificate .but ignore to recived to accepcected my requst letter. . eastern rail way sent farther pvr madhy mik and iti can it problem pvr without H.S.. Shall i be punished suppressed fact .how I add my h.s. or how I save to it. Dae of joing 2013 (serly).after tecnically regine farther posting e rly 2015. Mp 1996.H.S. 1998. how i mercy for my mistake