Property related query

Dear Vinod,

parallely there cannot be agreement to sell, poa and will. I dont know whether you have any documentary evidence in respect of the amount of Rs.3,00,000/- which you said your wife paid to your father. If there is any, in that event, the will does not stand and you can challenge the same.

However, if your wife suppress the agreement to sell and poa, the same being unregistered, sale transaction on the basis of unregistered document is not permissible under The Registration Act, reason being any transaction beyond Rs.100/- the document needs to be compulsorily registered.

That, in the event your wife suppress the agreement to sell and poa as i stated above, she can use the will to get the property mutated in her name even though will is unregistered, coz as per registration act, will is not necessary to be registered.

Once she gets the property mutated in her name, she being the beneficiary, she got all rights to sell the same which cannot be objected by anyone, unless challenged in Court of Law.

document needed to be registered.

You can obtain Probate on will and get the property transfered to teh name of your wife.

Once the property is transfered your wife can sell or deal with the said propery as per her wish.

Chirag there is no necessity of probate as per the judgment delivered by Apex Court in March 2012. Probate as such is not a fundamental rule to be followed.

i bought a residential plot 38 years ago. i took possesion of it immidiatly. i live here and have water connection in my name ..In mutation it belong to some person who was not alive at that time and was sold by his sons . i have original sale deed of its previous buying means previous owner and sale deed of mine as well. but due to some circumstances i forget to get it mutated in my name ( no dispute is there ). now can it be mutated in my name after such long time( 38 years) ( i have original sale deed with me). if yes what is procedure...kindly  guide

hello sir,

I AM DHARMESH PATEL  I GET  HOUSING LOAN FROM LIC HOUSING FIN. IN FEB 2003 WITH CO-APPLICAT MY FATHER.  AND PROPERTY AGREEMENT ALSO IN JOINT NAME WITH MY FATHER. NOW PROBLEM IS MY FATHER WAS DEAD ON NOV-2011, NOW I WANT TO REPAY THE LOAN,  BUT LIC HAS ASKED THE INHETAGE CERTIFICATE TO RELEASE THE ORIGINAL DOCUMENTS.  I WANT TO KNOW THE PROCEEDURE OF THE SAME CERTIFICATE, AND HOW CAN I GET THAT CERIFICATE . PLEASE HELP

Dear Dharmesh,

In the said situation where you are in right now. If you are first applicant and first owner of the property, the bank can proceed with the completion of transaction. In the event you have been asked for the (Inhertiance certificate) which I presume you wished to convey as Legal heir certificate, you can prefer Miscellaneous Civil Application before court reiterating all the facts and events and specify the details of the properties left by your father for which you wish to have legal certificate issued by court in your favour. Subsequent to the same, notice will be published in News Paper after paying druming charges. If no objection is received from any person by the court, the court shall proceed to issue you with legal certificate which you can submit with the bank.

I here wish to point out that Succession certificate is not applicable for immovable properties and it is only issued for liquid cash/security deposits/ money in banck accounts/ share certificates.

I hope this satisfies your querry. feel free to communicate if need any further assistance.

Thank you very much sir, and for your information I am staying in VIRAR mumbai.

Mr. Nayyar pls mention the citation aforesaid.

Dear Dharmesh,

This is what I wished to know where you are residing. You being in Maharashtra, you can proceed for filing application under Bombay Regulations.

311. Notwithstanding any provisions to the contrary in Bombay Regulation VIII of 1827, certain provisions of Part X of the Indian Succession Act, 1925, are, by section 390 of that Act, made applicable to applications for certificates and certificates granted under the said Regulation.

312. The following note should be appended to certificates given under Bombay Regulation No. VIII of 1827 :
“ The person, to whom this certificate is granted, or his representative, is required, within six months from the date of this certificate, or within such further time as the Court may from time to time appoint, to exhibit in Cort a full and true inventory of all the property and credits in his possession under this certificate, and also, within one year from the same date or within such further time as the Court may from time to time appoint, to render to the Court a true account of the said property and credits, showing the assets which have come to his hands and the manner in which they have been applied or disposed of.”

Feel free to communicate for further assistance.

Regards,

Dear Chirag,

Citation in respect of application and issuance of succesion certificate and legal heir certificate. Position u/s 372 of Hindu Succession Act is very clear in this regard.

Refer the judgment delivered in a case by Rajasthan High Court
in the case of
Rajmata Gayatri Devi vs Distt. Judge And Ors. on 27 September, 2007
Equivalent citations: RLW 2008 (2) Raj 1197
Author: M Rafiq
Bench: M Rafiq
JUDGMENT

Further to:

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.