Plot owner father died
sajed
(Querist) 07 February 2012
This query is : Resolved
My Muslim clients father died a plot is registered on his name without making will . Now my client want to sale it . Weather he should file suit for succession certificate or Declaration or partition suit or any another remedy to sale fathers named plot
V R SHROFF
(Expert) 08 February 2012
Mr. Barman, all Experts & Shri Arunagiri,
Did this Advocate Shri Sajed
Profile before 3 year[I am an Advocate practicing independently in city civil and criminalCourt and various courts in and around Hyderabad from the last more than TEN Years and dealings civil, Matrimonial, Criminal, Service and Constitutional , consumer matters etc. I m also associate with an International law firm and our experts deals cases of various types in various High Courts of India. We also have branches in all District of Andhra pardesh and Maharshatara specially. You may refer us any case and e-mail at: sajeed.nadeem2011@gmail.com.
Hyderabad . M:09989486628]
deserve Answer from LCI Experts??
it is not his personal problem, and he want to use our advise for his Commercial/ Professional purpose.
What about our Policy? is it commercial Query??
I want to know your opinion before Reply this type of Query, for commercial use.
Adv Shroff
08-02-2012
Advocate. Arunagiri
(Expert) 08 February 2012
My opinion:-
We can help the aggrieved person.
If any advocate wants a help from us, let him contact through email. Get the services, by paying the fees, fees may be paid by online.
Devajyoti Barman
(Expert) 08 February 2012
I slightly disagree with Mr ARUNAGIRI as being a ready reckoner for professional advocates is not what for we actually spend our time.
If any advocate asks for help then he should also contribute his bit by resolving queries of others.
He simply can not surface and ask queries to solve cases of their own.
I support what Mr Shroff has tried to say and request my other friends to make their opinion clear and loud in this topic.
I am in against of helping professional advocates though exception could be made for freshers.
Khaleel Ahmed Mohammed
(Expert) 08 February 2012
All the successors of the deceased can sell the property by getting succession certificate.
Any body can seek legal advise through this forum. Query may be commercial or non commercial.
Sudhir Kumar, Advocate
(Expert) 08 February 2012
If a client has come and paid fee his commercial interests are served. But some advocates are really dedicated and want to help their client the best. I believe this queriest has understood limitation of his intellect and does intend to use others brain. All of us have the limitation of their intellect and greater successful men are those who can understand it and are able to identify the field where others may be knowing better than him. When god has taken incarnation still he needed help of mortals. So the god has not allowed perfect knowledge even to himself.
It is not he but all other members who get benefitted be the varied views of intellectuals. When one has decided to share knowledge on charity then it should be beyond our thought as how best the queriest uses them.
Some litigants themselves make query and get benefitted and some of them may be befitting in the trade or service. On the same time there are non-serious queriests who come to ask how best to hide their crime and are undeterred by the advise. Some of them do not like advise of not going to court and seek extra-judicial remedy. That is not the problems of those replying.
So I may be permitted to agree with Mr Arnunagiri and to say that we should allow this query.
Sudhir Kumar, Advocate
(Expert) 08 February 2012
SInce the WILL is by a muslim he may also examine the conceopt of marz-ul-maut if the testator was at the time of will was suffering from deadly disease.
R.Ramachandran
(Expert) 08 February 2012
Dear Mr. Sudhir,
The person died intestate. He did not leave any WILL. Therefore the concept of marz-ul-maut will have no application in this case.
R.Ramachandran
(Expert) 08 February 2012
By taking one issue of "Anonymous query", we reached some consensus and resolved that issue.
Similarly, the point which Mr. Shroff has raised here is quite interesting and the views of Mr. Barman and Arunagiri are worth considering. But this requires a separate discussion by the experts to arrive at a consensus.
I feel that we should follow the dictum of solving one issue after another. Thus as a second issue (after 'Anonymous') let us deal with this issue.
Till such time we arrive at a consensus amongst ourselves, I feel that we should answer the query so long as it is not an "Anonymous" query - unless the query is out and out from a Corporate or a Commercial query.
If you agree, then one can answer the query. I am awaiting the reaction from the experts.
Deepak Nair
(Expert) 08 February 2012
I endorse the views of Mr.Sudhir and Mr.Ramachandran.
Mr.Sajid himself has stated that he is an advocate and he needs advise to sole a case handled by him.
What I feel that this is the site were not only the litigants, but also a number of advocates get benifited, mainly because of this EXPERTS section.
As stated by Mr.Sudhir, the querist has expressed his limitation and he is in need of help/guidance and, in my view, it is not at all wrong if the experts help a lawyer who is in need of advise to handle his case.
I sincerely say that I too have availed some guidance from the learned experts for such matters which were not faced by me personally. That is the reason why i decided to contribute to the experts section.
Therefore in my view, there is no wrong in answering this issue.
Deepak Nair
(Expert) 08 February 2012
But, I am sorry to say that due to lack of knowledge in Muslim law, I am unable to answer this query.
ajay sethi
(Expert) 08 February 2012
i am of the opinion that we should
resolve the legal queries raised by other lawyers on this site .
if any advocate needs a second opinion and wants help from us no harm in advising him .
R.Ramachandran
(Expert) 08 February 2012
Pending final consensus, and taking cue from Mr.Sethi, I venture to answer the query of Mr. Sajed.
When a Male Muslim dies intestate, then 1/8th share of his property will first go to his widow. The remaining 7/8th has to be distributed amongst his sons and daughters.
Each daughter will get half of what each son gets.
Therefore, first one has to know what is one's share and then to get that share demarcated by metes and bounds, one has to approach the court for partition.
Only after obtaining proper partition of the property, and after obtaining mutation of the same in one's name, one will be in a position to sell the same.
V R SHROFF
(Expert) 08 February 2012
Few Experts believe that Advocates are charging and earning after asking our Expert team, and using our advise for their profit & is a commercial use.
Few Experts believe that Querist ask Expert, and double check their Advocate.
We should have a common policy.
We are all Advocates, and must help each other. All have expertise in a particular field, and have wide experience and wisdom, knows in & out,That can be shared.
But few Advocate only take, not give. , and use our advise for personal gain only.
It should be Give & take Policy,
It should be mutually beneficial to our brother Advocates.
prabhakar singh
(Expert) 09 February 2012
The concern of Mr. Barman is no less than view of Mr.Arunagiri.I like to share with advocates but I have noticed a few only exploit us.They never visit to attend a query but do visit with only queries.
M/s. Y-not legal services
(Expert) 12 February 2012
oh., dear shroff sir., you are wrong.. you giving a bad image to me..
always am opposing the advocates who posting their queries as anonymous..
thats it.. whats your anger with me.. when i told you like that? can you prove it?
but i ca prove it..
-tom-
V R SHROFF
(Expert) 12 February 2012
no anger never,
