Legal Documents queries

Anonymous 16 January 2022 at 20:11

Name change of wife after marriage

Hi,

My mother(widow) already has my fathers surname on all her legal documents. However, she doesn't have any affidavit/document stating how she got this name after getting married.

Can she now make an affidavit of "Name change after getting married" and give the publications in 2 local daily newspapers.

Will this be considered valid?

Thanks!

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Anonymous 16 January 2022 at 18:00

Renting a flat belonging to a deceased

Hi all,

Can my mother rent a flat that is in the name of my father(deceased) located in naigaon(e).

Is a succession certificate or any other document mandatorily required to be provided to the society?

Thanks

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Rohan 20 December 2021 at 14:43

Transfer of flat in mumbai

Hi all,

My father a Goan by origin owned a flat in Naigaon(E), Mumbai. He passed away in August 2021 intestate without making a nominee for the flat in the society. Me and my sister have provided an NOC to transfer the flat to our mothers name.
The society has now asked for a Legal heirship certificate from the civil court (Succession Certificate).

1. Is a Legal heirship certificate from the civil court (Succession Certificate) mandatory for the transfer of share to my mothers name?
2. While the transfer of share is in process. Can the flat be rented out?
3. If an owner of a flat has passed away intestate however has made one of their children as a nominee for a flat. Does the flat belong to the nominee after the owner?

Thanks

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Rohan 26 October 2021 at 11:48

New housing society shares certificate

Hi,

My father owned a flat in Naigaon East, Maharashtra. The share certificate was issued in his name. My father passed away in Aug21 intestate. My sister and myself have given an NOC for the flat to be transferred to my mothers name. The building society is now asking all its members for the old share certificate and wants to issue new hand written share certificates as they say the format is changed.

Would there be any problem if we hand off the old share certificate to the General Secretary and collect the hand written share certificate?
If new share certificates are issued do we need to get it registered or pay any stamp duty?

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Anonymous 14 October 2021 at 11:18

Is a daughter entitled to second fathers share in mumbai

Hi,

My grandmother married twice within the same family.
After the first brother passing away she married the second brother.

Is my mother entitled to the share of her second father?

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Anonymous 07 September 2021 at 19:10

Missing members in a will

Hi,

If a "WILL" registered specifies that the testator has only one child. However, the testator has more than 1 child.

NOTE: Testator is uneducated here so a transcriber was used to write the WILL

Is the WILL considered valid?

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Rohan 19 August 2021 at 20:57

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Rohan 19 August 2021 at 20:44

Power of attorney made in a different state

Hi,

Is a power of attorney made in Karnataka for a relinquishment deed to be made in Goa valid?

Thanks
Jonathan

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Rohan 25 July 2021 at 01:12

Goa property will

The goa law states that not more than 50% of the property can be disposed by way of "Will/Gift" by the testator.

Since the Goan law functions on communion of assets when 2 people get married. Hence, both the persons own 50% each of total assets.

Question 1: Here does disposable quota mean 50% of fathers/mothers share(i.e. 50% of their 50% share holding) or does it mean 50% of the total property(i.e. their entire share 100% can be disposed of by will individually)?

Question 2: If there are 2 houses and both the parents(father & mother) decide to make a "Will" stating House 'A' to one child and House 'B' to another child. Can any of the child challenge the will if any one feels the value of the house declared to be given to them in the 'Will' is of lower value.

Question 3: Can the property's declared in the will be excluded from collation?

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Rohan 10 June 2021 at 20:34

Can a property against which an appeal is filed be gifted

State: Goa

Mundkar property was purchased in 2017 for which the Sanad/Purchase certificate has been obtained.
1. The mutation for the property purchased is as follows (40% of is on my grandfathers name(deceased) and 60% is on my fathers name). Objection has been filed by the landlord against the request to transfer the property part from my grandfather to my fathers name so that he's the sole owner.
2. The landlord has filed an appeal against a purchase order given by the mamlatdar. (NOTE: There is no stay order)

Can the property be gifted to a son via a gift deed? If so will it create any complications as the mutation is still not completely on my fathers name.
What could be any possible complications that could arise in the future?

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