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Need legal advise

Page no : 3

Nirmala (N/A)     26 October 2009

Suchitra i did not get you.Pls explain me clearly. I have no idea about purchasing as it was done may be 30-35 yrs back.

Nirmala (N/A)     13 November 2009

I am in contact with a lawyer he said we can always get your rights but i have a problem the address which i gave is not available in the sub-regiter office what to be done now??  should i get the info from corporate office or somewhere else?? if so from where help required

kalyani (proffessor)     15 November 2009

 hi ,

My name is kalyani 26yrs residing chennai. my father purchased all lands in the name of elder brother when he was minor [ at the age of 10yrs].since my father considers my elder brother birth had given luck in his life,he had habbit to purchase to all property in his name though he was minor.Last year my father died in accident without divinding all the property's.Right now me and younger brother requested the elder brother divide the all the property equally but he refuses give those property saying that all the property in his names.

Me and younger brother totally disappointed with the elder brother sudden changes in his attitude after my father death.kindly give advice regarding this problem
 
 
rgds,
kalyani
mail id : skalyani_1983@yahoo.com

Suchitra. S (Advocate)     15 November 2009

Kalyani ji, legally, if a parent buys property in the name of minor's name, even paerent will not have right to alienate as he wishes on his own. And as theminor attains majority, all the rights will be vested with him. Now, as your father is no more, you an only have to settle matters amicably with your elder brother regarding property. Because,  he is the owner of those properties now.

vishvesh (general manager)     16 November 2009

yes by appointing good lawyer u can get your share. In indian culture daughters have always suffered so fight for it best wishes

A R AHMED (Finance Analyst)     16 November 2009

WHAT DOES THE INDIAN LAW SAYS WHEN THE LAND IS BEEN TAKEN BY FATHER WITHOUT CONSENT OF SON WHEN THIS IS THE FULL MONEY OF SON(NRI) THROUGH BANK ACCOUNT OF FATHER AND HE TAKES IT IN HIS NAME.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     17 November 2009

 Dear  Nirmala,

I would like to more information with regard to your case,

1. whether the property transferred in the names of your nephew is through Sale Deed/Gift Deed/Will Deed ?

2. Whether the Deed executed in favour of your nephews are registered ones or not?

3. Whether such registration of document is made at residence or at the office of concerned Registration office ?

4. When the execution of such deed was made in favour of your nephews ?

5. What is your age and when you have married ?

6. During marriage, does your father paid any amount at that time ?

7. Whether have you sent any letter for partition of properties owned and succeeded by your father during his life?

After going through above clarifications, We can get to a solution to your doubt ?

S.A.NARASIMHA RAO KARRI

ADVOCATE-HYDERABAD

 

 

Nirmala (N/A)     19 November 2009

Hi Narashima sir,

1. whether the property transferred in the names of your nephew is through Sale Deed/Gift Deed/Will Deed ?

We are not sure about what had happend during the time of my fathers death, we heard from the relatives that my brother had a laywer with him & he had taken the thumb impression of my father along with some photos & recordings, (My father used to sign throughout his life time, but in this case he was not in a condition to do so). My mom was watching all this, when i enquired this to her, she was not sure what the document carries but they had taken her to some office & One person asked her she told them she has only 2 sons. After that all my brothers family & my nephews had signed in that office. We are totally blank about what had happend.

We consulted a lawyer, he said that he will apply for imcumburence certificate to get the details of the property, same was applied but our search was futile as we did not get any information.we had also said him all that happend above, he searched in corporation office for transfer records of property, but he did not get any details on transfer of the property.

2. Whether the Deed executed in favour of your nephews are registered ones or not?

Kindly let us know how to get those information legally.

3. Whether such registration of document is made at residence or at the office of concerned Registration office ?

No Idea

4. When the execution of such deed was made in favour of your nephews ?

Thumbimpression was taken on previous day of his death, execution as we heard was done after 1 month.

5. What is your age and when you have married ?

Married in september 2007, Iam 28yrs old

6. During marriage, does your father paid any amount at that time ?

Marrage amount was shared equally b/w two families

7. Whether have you sent any letter for partition of properties owned and succeeded by your father during his life?

No i have not done.

I have few more queries

With out any information can i send notice them, asking for the explanation for what he has done till now or what should we mention in the notice.

If we send a notice now without any info just asking for above details, what is likely counter noice can i expect from him or his lawyer.

How to get the property informations, is there a centralised repository or Head office like thing where we can collect that.

Can i approach near by police station to get those information eg: my fathers death certificate, Land deatils (Copy of Property details) do i have the right to do so, if yes then how to proceed.

 

 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     20 November 2009

Dear Nirmala

 
After going through answer, first I would like you to obtain the following :
 
1.   Death Certificate of your father (this can be obtained from local municipal office or the place of cremation of your father was done)
 
2.   Legal heir certificate of your father. (I don’t know from which state you are exactly, so try to get information from the lawyer, who is in contact with you) For Example in Andhra Pradesh, if the person is a Government Employee, the legal heir certificate of that person can be obtained from concerned Revenue Authorities. If the person is not Govt. Employee, then he has to approach local court to obtain the legal heir certificate).
 
3.   To prove yourself as a member/daughter of father’s family, you are required to produce some evidences for which you can use Educational Certificates, ration card/Voters ID card issued by Authorities, when you are not married and resided with your parents.
 
4.   You personally write a letter to your mother, sisters, brothers whom you are thinking that they are 1st legal heirs of your father asking them to divide the properties by metes and bounds, saving amounts, fixed deposits etc., acquired by your father during his life-time and to give your share in the same. (without mentioning/revealing your doubt that they have taken thumb impressions of your father and went to some offices. If possible just call me once to guide you appropriately with regard to this matter).
 
5.   After one month if you don’t receive any response, again through an advocate issue a legal notice to get entitlement of your share in the property.
 
6.   If they don’t reply, to that you can go ahead with court proceedings to get your entitled share in the property.
 
7.   I suggest you not to approach any police station with regard to taking thumb impression of your father (If possible just call me once to guide you appropriately with regard to this matter).
 
8.   I hope they never issue a notice to you by themselves or through their counsel as they are in beneficial category as they are in possession of properties.
 
But right from now, you have to exactly know the properties and try to get the certified copies of those documents from the concerned registration offices, which were in your father’s name during his life time, so that you can claim those properties when you approach the court. In Andhra Pradesh we have facility to search the transactions with regard to any property if you know Survey No., House No. etc.,
 
I am sure that you have every chance of getting your entitled share in the properties acquired by your father.
 

S.A.Narasimha Rao Karri

ADVOCATE - HYDERABAD

 

 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     21 November 2009

Dear Priya Kannan,

 

1st point : Yes, the parents of your husband are legal heirs of family.

2nd point : Yes, there is requirement of their consent. alternative is that you can claim your and ur children share in that insurance claim.

3rd point : Yes, if your in-laws acquired the property by way of succession.

4th point : Yes, they can claim the property of their grand parents only after their demise.

5th point : Each Member of the family shall have equal share in the property.

 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     21 November 2009

Dear Kalyani,

You have every chances of getting your property which is purchased by your father in the name of your elder brother. Both your brother and yourself given a written letter to your elder brother asking him to get partition of the properties. If he has not given any response. Then given a notice through your counsel and file a suit for partition in the event of his failure to get partition of properties.

 

raveendran (chief executive)     24 November 2009

If the property is self acquired, let me explain if it stands in the name of your father you can not demand any share as long as he lives.First verify whether the property stands in whose name before embarking upon battle.S.Raveendran, Advocate, Coimbatore.

jyotilekha chaitanya koppikar (director)     20 January 2010

I need a legal heir certificate for transmission of mutual fund as my husband died suddenly without nomination on the fund. Myself and my son are the only heirs. Now I need the legal heir certificate, where to get it from Pune and what documents are needed.  All his gruatuity etc. has been paid to me since my nomination was there.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 September 2010

Dear jyothi,

If your Husband is a Government Employee, then you can get family member certificate from the concerned Mandal Revenue Office. If not you have to file a suit for succession before the District Magistrate concern to obtain the certificate


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