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Lessee of prop in mumbai

(Querist) 14 October 2011 This query is : Resolved 
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


prabhakar singh (Expert) 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
i have carried it to your original post and have answered too in addition.Maintain that thread instead of jumping here and there.
ajay sethi (Expert) 14 October 2011
yaar in lease agreement you mention your full name not the caste .

any how merely because there is delay of 2 years wont be any hindrance in getting succession certificate from court.

since your mother is also dead the legal heirs ie you and your brothers will have to apply to bombay high court for obtaining succession c ertificate
Arun Kumar Bhagat (Expert) 14 October 2011
Shriman GURVINDER SACHDEVJI, Please do not address us as GUYs. It is against the etiquette, we are not your friend. Hope you shall realise this.


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