Plot of land in mumbai on lease
GURVINDER SACHDEV
(Querist) 13 October 2011
This query is : Resolved
my father is a lessee of a plot of land in mumbai with his name on the property card and this fact came to be known after his death in sept 2009 and we got in touch with the person whom he had given a power of attorney and he explained to us the problems and has asked us to become legal heirs so that matters in court could be proceeded with as there is another party having a sale deed and has done some construction on the plot ,
my first question is how does one become legal heir we were four brothers and one sister on emy elder brother passed away in july 2011
secondly my father has signed as Jagjit singh Arora as director of a firm thru which he was a regd lessee now since his death two years have passed how and where do i start from
the original property card is with the POA holder and since he claims to have spent some money he wants to be a part of the deal , the lease agreement is from 1976 for 99 years, pls advise and help
thks in advance looking forward to a reply
regds
gurvinder
ajay sethi
(Expert) 13 October 2011
1)you are aware that with your father death power of attorney ceases.
2) was the power of attorney given by your father registered. ?
3) did your father leave behind any will?
4) is your mother alive?
4)4 brothers and 1 sister will have equal share in property on death of your father . if mother is alive she also has share
5) if your elder brother passed away in 2011 then his wife and children are his leagl heirs for his 1/5th share of property.
6) you will have to apply to high court in bombay for probate if your father left behind a will
7) if there is no will of your father then you need succession certificate ? does your late father have nay other properties?
8) obtain copy of lease deed from POA holder . not necessary to make him part of deal .
prabhakar singh
(Expert) 14 October 2011
Sir ,
first and foremost hats off to you guys for the quick response / replies to my very first query thanks a tonne,
now the answers to to questions
1) yes sir i am aware of that fact as it was this point which pointed us / led us to the plot
2)yes sir the POA was regd
3) no my father did not leave any will
4)no my mother passed away in 2001
5)my father did not leave any will behind
therefore how do we proceed for the succession certificate
and does the surname used by my father which is ARORA while executing the lease deed and for the POA which he gave to someone and we write Sachdev make any difference as my father was ARORA caste as it is in punjabi and his father also used to write Arora
main thing is how do we apply for succession certificate and the time lapse since my father death of 02 years will it have any -ve effect pls advise
regds
gurvinder
Expert : prabhakar singh
Posted On
14 October 2011
From query as put forward it appears you posted originally elsewhere and now have taken up in a new thread ,so none of us would be able to know from which point you proceeded to inquire from us.
This is why your point 1&2 is not understandable without reference to entire facts.
On the basis of information contained in 3,4,&5 you have sought opinion for a succession certificate.
A succession certificate is applied in civil judge court of the district under section 372 of Indian Succession Act.
You need not worry for any delay in the filing of application.
But such a succession is applied for movable security and debt ,for instance,cash at banks share certificates,debentures etc.
In case you need mutation of name over the plot owned by your father then you need to apply before authorities where ever his name was recorded showing proof of his death and relation with him of heirs such as son,daughter,widow ,mother as the case may be.
After having so much understanding in the matter it is desirable now for you now to go in touch of a local lawyer and get the desired job done with his help.
prabhakar singh
(Expert) 14 October 2011
Mr. GURVINDER SACHDEV !
YOU MADE A CONFUSION.I HAVE PUT YOUR ANSWERS ON RIGHT THREAD SO Mr.Sethi MAY ALSO ATTEND IT.
NOW YOU POINT 1&2 IS UNDERSTANDABLE FOR WHICH
I AM OF THE SAME VIEW AS MR. SETHI HAS BEEN.
WITH DEATH OF YOUR FATHER THE POA {REGISTERED} HAS CEASED TO HAVE ANY EFFECT.
AS YOUR FATHER HAS NOT LEFT ANY WILL AND YOUR MOTHER IS NOT ALIVE,PROBATE IS ALSO NOT REQUIRED AND YOU CAN APPLY FOR SUCCESSION CERTIFICATE AS ADVISED BY Mr.SETHI ALREADY.
THE TITLE "ARORA" WILL NOT CREATE ANY PROBLEM ,IF DO NOT CARRY THAT IN YOUR NAME.
