Vamsha vruksha or legal heair certificate
VARADARAJAN T R
(Querist) 05 November 2013
This query is : Resolved
Sub : Obtain Vamsha Vruksha or legal Certificate to transfer four wheeler on my name.
Sir,
My elder brother is passed away two years back in 2011. Ours is joint family and we all stay together in one house. We have one four wheeler which was registered in my elder brothers name. Still it is in his name and not used since his death. I have approached local RTO in Bangalore (we stay in Bangalore) they said they need Vamsha Vruksha for the transfer to my name. I have contacted local Municipal ward office and get confused about their replies. Hence I request your good selves to help me with your advises to get transfer the same on my name.
Thanks
Sridhar
ajay sethi
(Expert) 05 November 2013
make an application to tehsildar office for issue of legal heir certifcate . furnish copy of death certifcate of your brother and list of his legal heirs namely his wife and children . after completeion of formalities legal heir certifcate would be issued
P. Venu
(Expert) 05 November 2013
Was your brother married and have any children?
VARADARAJAN T R
(Querist) 05 November 2013
Dear Ajay Sethi
Thanks for your quick reply, I like to mentioned here no body is left in our family now. Me and My sister is alive, My Mother is passed in Dec 2010, Elder Brother is in may 2011, And My younger Brother is in July 2013. And my elder brothers wife is not stay with us from Dec 2013 (elder married in July 2000) and she never co-operated with any one of us since Dec 2013. Kindly advise on this scenario
Thanks & Regards
VARADARAJAN T R
(Querist) 05 November 2013
Yes elder brother was married and one son he is now 12 years old and not stay with us
VARADARAJAN T R
(Querist) 05 November 2013
Correction : The date is since Dec 2003, (not as mentioned Dec 2013)
P. Venu
(Expert) 05 November 2013
The wife and the son are the legal heirs. Other members of the joint family cannot have any claim over the vehicle.
ajay sethi
(Expert) 05 November 2013
you cannot get car transferred in your name on death of your brother . wife and son are the legal heirs .
Raj Kumar Makkad
(Expert) 05 November 2013
Well advised by experts so no more to add.
Rajendra K Goyal
(Expert) 05 November 2013
Agree wife and son are the legal heirs of deceased brother. To transfer any of his property in your name their consent as per procedure is essential.
VARADARAJAN T R
(Querist) 05 November 2013
Dear Rajendra K, ~ I have tried "n" number of time to talk to her regarding declaration for no objection but She never talk to me nor response to my messages, even attended my calls. Any other alternative method in legal framework on this issue. Please advise.
P. Venu
(Expert) 05 November 2013
Hand over the vehicle and the RC etc. to her.
VARADARAJAN T R
(Querist) 05 November 2013
what you think of her silence after my elder brother death, Before she talk to me like own sister and I am her brother.
Rajendra K Goyal
(Expert) 05 November 2013
If she does not agree, there seems no legal way to get the vehicle transferred in your name immediately.
VARADARAJAN T R
(Querist) 05 November 2013
Thanks to all members for the advise on this issue. Ultimately I am thinking the same as Shri P Venu's advise to handover the documents of the vehicle to her finally. I don't want things to turn selfishness after the person is no more. It indicates her attitude to get the things automatically without any dispute. And feel that she may wait patiently for it. It is difficult to understand the mind of a woman. Of course I am own blood relation to my brother, we lived without any differences and upset totally the behaviors of the people who marry to support them for their balance life in others family by way of marriage. It is a lesson to all in general to be more cautions to this kind.
P. Venu
(Expert) 06 November 2013
Compassion can settle many issues arising of human relations than law can.
VARADARAJAN T R
(Querist) 06 November 2013
Yes. Shri P Venu, I am looking the same and I agree with you. But their should be equivalent reaction from other end where everything will be peaceful in life. It is not happening. Why? Answer is difficult to get.
malipeddi jaggarao
(Expert) 06 November 2013
First of all you should realize that you are not the legal heir of your brother. In such case why are you attempting to get the vehicle registered in your name? Initially you have not even disclosed the full facts. The reasons for strain in relations are well explained by Bhagwan Sri Sathya Sai Baba in his Divine Discourse on Sep 9, 1959.
"Sometimes the cloud of envy and hatred come to darken relationships. This is primarily due to fear; fear that causes anger. The emergence of devotion, and the humility and wisdom resulting from it, will make fear and anger disappear. Anger wastes health, time and character. Never allow it to have a free play. Just like you cultivate the field, you must cultivate the fields of feelings, motives, desires and promptings. People are often ruined because they cannot tolerate the prosperity of another. Most people are bent on pulling down another. Jealousy is the chief cause of ruin and it is born due to the undue importance attached to the body, the senses and the accumulation of objects that cater to the senses. Develop the spirit of mutual help. See things in proper perspective; give everything its worth and no more."
P. Venu
(Expert) 06 November 2013
Dear Shri Varadarajan,
It is simple. Allow our duty to guide us, not the expectations. Rest of the things will take care of themselves.
VARADARAJAN T R
(Querist) 06 November 2013
Dear Shri Malipeddi Jaggarao ~ As I explained earlier I am the only one person alive now, and the vehicle is laying un-used since more than two years now. Nobody is to use it. If I want to take it on road documents should be correct.
Rajendra K Goyal
(Expert) 06 November 2013
Agree, that the vehicle should be on road with complete documents, but when she is not responding, let her manage the same.
VARADARAJAN T R
(Querist) 06 November 2013
I don't see any sign from herself can manage the vehicle, I have spent already on vehicle for re-conditioning it by washing, Battery backup/re-charge, spares for the accessories, new tyres etc spoiled by rats.
malipeddi jaggarao
(Expert) 07 November 2013
She knows that you are interested only in the vehicle. That is why she is not co-operating. When you are not entitled for the property, better forget it.
P. Venu
(Expert) 07 November 2013
The ownership of the vehicle is vested in her. She has the discretion to use or not to use the vehicle.
VARADARAJAN T R
(Querist) 07 November 2013
This kind of silence make normal clean person to commit crime. Today what we are watching on news channels.
malipeddi jaggarao
(Expert) 08 November 2013
If you were living harmoniously during life time of your brother, why can't you go to her place and hand-over the vehicle along with the papers to her? Is it not your duty to take care of the feelings of your brother's widow? What about the other property issues if any? Instead of blaming others, we should lead first to build-up relations especially when the woman lost her husband. I hope, if you go to their place and hand-over the vehicle, you will be received well by them.
