Deepi Saini
07 August 2022 at 12:04
Payment of Court fee for Succession Certificate is governed under Article 12 Schedule 1 of Court Fees Act,1870. However there is no clarity on how to do valuation of listed Equity Shares. Is valuation done as per FACE VALUE of shares or market value on the date of application made or market value on the date order is passed? Please share your views and experience on it.
Anonymous
07 August 2022 at 11:51
if accused in 138 ni act submits cheque for loan amount in magistrate court then can court refuse to accept it.
kiran kamble
04 August 2022 at 02:47
Dear Experts,
My mother solely bought a studio flat in 2005, after 10 years, we bought 1 BHK flat in tower.
so to buy 1 bhk flat , we sold studio flat and personally i got 50 lacs loan from the bank.
so i brief 1 bhk = Studio flat value 32L(Mothers name) + 50L loan plus interest (my name)
my mother has 2 sons
1 my self has invested large amount in BHK and another still not working and not stable work , nothing invested.
my mother told 2nd also will have right to get share in property.
she also has another studio in on her name solely after death of my father.
please advise how to get this property distributed.
Ayan
02 August 2022 at 12:34
A person had 5 daughter.The person managed a false warison certificate
that he is only warish and no daughter.The person sold around 20 land ,
later died.Now the person have 2 adult son and 1 adult daughter.
Some deed written "if any disputer occured , it will be compensate by generation"
and rest deed there is no such clause.
1 ) I am going to challange all deed in Calcutta High Court.
If I challange the sale deed (I am daughter's son) , The person's
son and daughter will have to pay compensation to me ?
Property is on west bengal
2)Is it true (In General) any sale deed dispute have to compensate by generation ?
Sujit koli
01 August 2022 at 23:42
I've mentioned the date 13/08/2022 for being present at sub registrar office to the seller to execute sale deed. But after sending notice i came to know that on the same day it's Saturday. So that office will close. So should I send another notice mentioning another date or what?
crpc
29 July 2022 at 21:27
All Respected Advocates,
I am the Tanent at third floor flat of an apartment,
For common issues like elevator , water , electricity each of owner is equally responsible to maintain.
Since more then a month elevator is stopped. For lift repairing some 1.68L INR amount is required. Let us say it for it each flat owner need to pay some 12K, 12K×14=168K.
Issue: Few ground floor owners are saying and rigid on statement "We are not using hence we are not willing to pay". Even after requesting multiple times by other owners these people are not willing to pay. They are becoming rigid.
Question: What's I via me or my owner can seek a legal remedy against such owners ? Approximately 6 flats are remain unpaid. Hence due to them other residents of apartment are getting troubled but these owners don't care.
Who and what can be done here , this I want to know ?
Regards.
Ankur
Ayan
28 July 2022 at 21:25
The Property is in West Bengal.Under Dayabhaga law a married daughter born before 1956 , married before 1956 and died in 1975.His son have right grandfather( mother's father) unwilled property ? I am son of the daughter .
His grand father died in 1971
balaji n
23 July 2022 at 17:51
Hi experts,
Please give clarity whether we can approach a court for sale deed which happened in 1990 for which we recently came to know we have been cheated. Below are the facts :
Property Belonged to a person named X, his legal heirs 3 kids, namely A,B,C.
X,A(wife and kids alive),B(leaving behind wife and only daughter) expired before 1980s leaving behind their next gen. C was alive till 2010.
B's wife died in 1970 hence B's daughter(only legal heir, grew up in her maternal grand parents home)
Family property which was subject to three equal share(3 legal heirs namely A(SON) B(SON) C(DAUGHTER) was mortgaged(in 1987,entirely 1.05acres to be specific) by A's family alone without the knowledge of B AND C FAMILY, both family residing at a different place. Not in same place where the suit property is located(approx 70 km away).
Then A's family couldnt repay the loan and when lender was giving pressure to pay and amount with interest or transfer rights for the amount to be paid(Principal and interest), A's family members arranged to transfer the right through a sale deed but never informed B FAMILY and C FAMILY about plan.
Once A's family arranged all procedure for registration they called upon B's daughter(only legal heir to B) for conducting a baby shower function(B was 7 months pregnant at that time). After the function they informed B's daughter that they are going to sell a family property and it requires her signature and appearance before registrar. She obliged to it and signed the documents and she was given Rs.15000 as her share allegedly stating it as equal half. And when she asked why C family(aunt) not present she was told that X has made a will that the properties to be shared only between his two sons and not daughter.
B's daughter was never told about the mortgage transaction which happened in 1987 and the buyer(mortgage lender) actually paid only the balance amount (actual deal between A' family and lender, value determined at different price since they already received a sizable amount during the mortgage and after which interests have piled upon and only balance remaining out of original amount was Rs.15,000(it seems) it was paid to B's daughter stating it is for her share in the property.
Believing this she came back to her husband's place and continued her normal life. In 1991(one year after alleged sale deed) when C came to know about this sale again A's family and lender settled some amount to compromise her since she threatened to file a civil suit.
Right from the beginning the intention of A's family is to cheat the B and C family for their share in the property.
This(mortgage transaction) came to light very recently when there happened a argument between A's family and B's family. After which B's family applied for EC for sold property and realized they were cheated by suppressing the fact that the mortgage(1987) had happened over that property and amount settled on the date of sale(1990) was just a balance amount(left over) of a higher amount(actual property value in 1990 is said to be around 90,000). Since through mortgage A's family already got substantial amount plus interests accrued there upon the balance amount was settled by lender on the date of sale which was shared between A's family and B's family(B's daughter not knowing the fact that the amount is just a balance after deducting principal and interests from the original value of the property). This fact was suppressed with intention to cheat B's daughter, also she was informed that there is a will stating that the property is only for the sons of X and not daughter(C), this was also a willful misguidance to cheat B and C family.
Please advice if a suit can be initiated by B's family to cancel the alleged sale deed(in 1990), sale deed being executed by fraud(paid only remaining amount after deducting mortgage amount plus interests accrued on principal) and misrepresentation(suppressing the mortgage transaction, sale happened only because the lender is pressurizing A's family to either settle the amount with interest or transfer ownership rights of the property) and should be knocked off as void.
Additional Information:
A's family are habitual fraudsters, they sold(in 1986) another family property without knowledge of B's family and B initiated a civil suit for that property in 2017 and won in 2020.
Thanks in advance for all your valuable advices and guidance.
Dinesh
23 July 2022 at 08:30
Sir,
Mere jija ji 2 bhai the, Dusre bhai ke 2 bete hai, and mere jija ki pass 1 beti. Jija ne suscite kar lia tha 2011 mai. And meri sister abhi mai susral mai rahti hai and apne saas sasur ki seva karti hai. Sasur ne apne dono poto ke naam saari chal and achal sampatti ki wasiyat 2012 mai kar di thi. uski koi jankari nahi thi. Ab sasur ke mirtue ho gai and dusre bete ke potos ne wasiyat par daba kar dia. Meri sister ko kuch bhi nahi dia. Meri sister or uski nabalik ladki sasur par dependent the. Ab hum kya kanuni karbahi kare jisse uski jeevan yapan ke liye kuch mil sake. Usko uske ghar se bhi nikal rahe hai. Bo log thode dabang hai. Jija ki maut par meri sister ne koi bhi action nahi lia tha kyonki unloge ne bahut dhamka dia tha. Kya bo case open ho sakta hai. Kripya karke marg darsan kare.
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Regarding probate of will
Respected Sir,
We have been granted order granting Probate of Will and we paid 75000/- stamp duty and received Probate on those stamp papers. Now to get certified copies of that Probate, will we have to submit the original stamp papers on which Probate has been typed before Probate Court?