Title Proof - Q expanded & re submitted
MANOR
(Querist) 12 January 2010
This query is : Resolved
Dear Members,
One Mr. A has inherited all the assets of his parents after their death. All these assets, which
includes a immovable property too, were purchased by his parents out of their own earnings. In
absence of any Will & family being a Hindu family and he being the only child to his parents
(no siblings), he becomes UNDISPUTED LEGAL HEIR to ALL the ASSETS of his parents
(as per Hindu Succession Act / Class-1category of legal heirs).
Am I right, gentlemen -??-
If yes, then my question is - How can he PROVE his TITLE to the immovable property he has inherited -??.
Normally,any person in whose name the deed stands, can prove his title to that property by being in
physical possession of orignal registered deed AND his personal ID. No more documents are needed.
Since Mr. A is in possession of the regd. deed (standing in his parents name), and two death certificates,
what else he should have to prove his title under the facts mentioned above -??- The missing link is the
relationship proof. What could be an effective / simple / economical & LEGALLY ACCEPTABLE docoment
to prove the relationship -??.
NOTE that he is at NATURAL ADVNTAGE, being the only child, documents being in his possession &
the property - urban /residential - (being elsewhere) is being looked after / managed by his trusted people
in that city.
I had posted this question in a 'short' form (on 01-01-2010, under subject "Title Proof") & have received 3
replies since then. From thoes replies I felt that I have not asked my question in clear manner. Hence
I am re-submitting the same question in 'expanded' form and with all the info I have about it. My thanks to
three experts who replied. Mr Rajeev S. Vadrali has asked a clarification about "natural facts". What I
meant was "natural advantage" as mentioned above.
May I now request Mr.R.S Vadrali / Mr.K.Ahmed & Mr R.K.Makkad to review the query & give their valuble
suggestion. AND of course, any body else want to add their suggestions, I will be glad.
Thanks & regards to all - -
By the way, being part of 50k STRONG (& growing) makes me feel proud.
My Hearty Congratulations to the FOUNDER MEMBERS of LCI.
> 21:05:36 / Tuesday, 12 January, 2010 <
A V Vishal
(Expert) 13 January 2010
In the event a person dies intestate or a Will does not name any executor, an application can be filed in the courts of law for grant of probate.
Under the Indian Succession Act, 1925, a LoA can be granted to any person entitled to the whole or any part of the estate of the deceased person. However, it cannot be granted to a minor, a person of unsound mind, or to association of individuals, unless it is a company that satisfies the conditions stipulated by the government. A LoA cannot be granted till the expiration of fourteen days from the date of the testator's death.
LOA is the final document to prove the legal right of A over his deceased parents properties.
MANOR
(Querist) 13 January 2010
Thanks for responding Mr.Vishal.
I clarify to your reply as under -
1) Since Mr.A's parents died without leaving a Will - hence 'a Will does not name any executor' does not arise - simply because there was no Will.
2) Yes, Mr.A's parents did die intestate, LEAVING BEHIND THEIR ONLY CHILD (a son). He is an adult / financially
sound / looking after his small scale industry.This immovable property of his parents happen to be in a diffrent city.
And, as I have mentioned in my query, that, the property is being managed by son, through his trusted people. HENCE,
your suggestion 'LOA can be granted to any person' (sorry, I am not from legal background - does LOA mean "Letter
of Administration"- ??-) if YES, then - WHY should Mr.A need it-??-. HE IS a natural legal heir -!!- (catagory-1/Hindu
Succession Act).
My query is BASICALLY AIMED AT - to know 'HOW HE SHOULD PROVE HIMSELF to be the CHILD (& only child)
of his parents-??- (and that too in most simple manner - BUT legally acceptable manner). However, if you still insist, that LOA is the best option, then please give me MORE DETAILS about it & tell me - -
1) How / where to apply - ??
2) & what would be the COST & TIME it will take.
I hope you are not talking about - Succession Certificate (there is no dispute) OR Legal Heir Certificate (does not confer
title proof) - - Mr.A is aware of both.
REGARDS -
> 03:48:58 / Wednesday, 13 January, 2010 <
A V Vishal
(Expert) 13 January 2010
'LOA can be granted to any person' : Don't chop the words since the entire meaning changes, in my reply the sentence 'LOA can be granted to any person' is followed by the word "entitled", the word entitled is important since there may be other claimants/legal heirs to the property as class I heirs.
To your second point "WHY should Mr.A need it-??-. HE IS a natural legal heir -!!- (catagory-1/Hindu Succession Act)."
LOA is a letter granted by the court of competent authority and jurisdiction stating that A is the one and only legal heir to the properties of the deceased persons, mere self certification that there are no other legal heirs is not sufficient, the fact must be endorsed by a competent court, if you take the positive side of it then once a LOA is granted it secures A's right over the property.
The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district.
Petition for letters of administration.” (1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating”
(a) the time and place of the deceased's death;
(b) the family or other relatives of the deceased and their respective residences;
(c) the right in which the petitioner claims;
(d) the amount of assets which are likely to come to the petitioner's hands;
(e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(f) when the application is to the District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another state the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.
279. Addition to statement in petition, etc., for probate or letters of administration in certain cases. ” (1) Every person applying to any the Courts mentioned in the proviso to Section 273 for probate of a will or letters of administration of an estate intended to have effect throughout India, shall state in his petition, in addition to the matters respectively required by Section 276 and Section 278, that to the best of his belief no application has been made to any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid.
or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon.
(2) The Court to which any such application is made under the proviso to Section 273 may, if it thinks fit, reject the same.
290. Grant of letters of administration to be under seal of Court. ” When it appears to the District Judge or District Delegage that letters of administration to the estate of person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VII.
291. Administration-bond.” (1) Every person to whom any grant of letters of administration, other than a grant uder Section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct.
(2) When the deceased was a Hindu, Muhammadan, Buddhists, Sikh or Jaina or an exempted person”
(a) the exception made by sub-section (1) in respect of a grant under Section 241 shall not operate;
(b) the District Judge may demand a like bond from any person to whom probate is granted.
For costs & time you can approach a local lawyer in your area who can guide you properly and is well versed in such matters.
A V Vishal
(Expert) 13 January 2010
Mr Manor your editing & interpretation skills just reminded me of a joke sent by my friend Ms Pooja, I would like to share it with you and my other professional friends:
Laloo Prasad sent his Bio Data - to apply for a post in Microsoft Corporation, USA .
A few days later he got this reply:
Dear Mr. Laloo Prasad,
You do not meet our requirements. Please do not send any further correspondence.
No phone call shall be entertained.
Thanks
Bill Gates.
Laloo prasad jumped with joy on receiving this reply.
He arranged a press conference : "Bhaiyon aur Behno, aap ko jaan kar khushi hogee ki hum ko Amereeca mein naukri mil gayee hai."
Everyone was delighted. Laloo prasad continued...... "Ab hum aap sab ko apnaa appointment Letter padkar sunaongaa ? par letter angreeze main hai - isliyen saath-saath Hindi main translate bhee karoonga.
Dear Mr. Laloo Prasad ----- Pyare Laloo prasad bhaiyya
You do not meet -----aap to miltay hee naheen ho
our requirement ----- humko to zaroorat hai
Please do not send any further correspondance ----- ab Letter vetter bhejne ka kaouno zaroorat nahee.
No phone call ----- phoonwa ka bhee zaroorat nahee hai
shall be entertained ----- bahut khaatir kee jayegi.
Thanks ----- aapkaa bahut bahut dhanyavad.
Bill Gates. ---- Tohar Bilva.
B K Raghavendra Rao
(Expert) 13 January 2010
To prove that you inherit the movable and immovable properties of your parents who are no more, follow the steps given below:
1. Obtain death certificates of your parents.
2. Obtain a family (geneological) tree from the Tehsildar or Village Accountant which shall show that you are an offshoot of your parents.
3. Swear to an affidavit to the effect that you are the only legal heir to your deceased parents.
3. File a suit for grant of succession certificate under the provisions of Indian Succession Act, before your jurisdictional civil court with yourself as Plaintiff and 'Nil' as Defendants. You have to produce
the documents mentioned above in original along with the plaint.
4. The court would ask you to publish an advertisement in the Local daily newspaper to the effect that you are the only successor to the movable and immovable properties of your deceased parents and invite objections if any body has claim over the same.
5. After proceedings, succession certificate would be granted to you and you will have to pay court for the value of the properties for which succession is granted.
Succession Certificate so obtained will give you the title for the properties of your deceased parents and you shall inherit these properties.
