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Author Topic: claim on father's dues and house  (Read 913 times)

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Offline sam123

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claim on father's dues and house
« on: August 17, 2015, 02:11:58 AM »
i'm asked to submit uttaradhikar(succession) certificate in my dad's factory(govt. of india) to prove my claim for his funds etc after his death as someone else also has fraudly claimed it. please tell,

1. whether in case of contest over my claim for succession certi. my house which is an earned property by my deceased father, shall also be a subject of contest along with his funds etc.

2. Also tell how to transfer my father's house (only xerox of papers of which i have) to my mom's or my name.


Offline advlaxmanadvani

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Re: claim on father's dues and house
« Reply #1 on: August 17, 2015, 07:18:44 PM »
succession certificate is in relation to movable property such as locker, bank etc
NOT immovable property
Advocate laxman Advani
 Ahmedabad legal Practitioner

Offline adv.amarnath

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Re: claim on father's dues and house
« Reply #2 on: August 21, 2015, 10:56:36 PM »
You father's property need not required to be transfer in paper. It already devolved upon you and your mother. If you have any sister and brother then the property also devolved upon them equally.

Considering that you and your mother are the only surviving heirs of your father. Then, you and your mother are the owner of undivided 1/2 share of the entire property left by your father. Now if you want to have that property in your favour your mother then you have to execute a Deed of Gift your half share of the said property in favour of your mother and register the same before the District Sub Registrar or any other competent authority. And if you want to be the owner of the said property then you mother is required to execute a Deed of Gift of her half share in favour of yours and register the same before the competent authority.

Regarding Succession Certificate, you have to file a Succession Case before the District Delegate Court with all particulars of his movable property with documents. You will get all money left by him. No one will contest save and except heirs and legal representatives of your father.

Hope you have got your remedy in respect of your father's property
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline sam123

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Re: claim on father's dues and house
« Reply #3 on: September 23, 2015, 01:37:18 AM »
so even a woman claiming to be father's second wife, can't claim on my father's house....
i hv to apply for succession cert. in court...but i don't want my house to be a subject of fraud being done... i've transferred the house on my name by lekhpal now. all i know that my father never married to anyone else so there shouldn't be any marriage certi. , all that woman have is a fake pan card, adhaar card, some hospital document where my father's name is mentioned as father of her children which i don't know how she managed to get.
 
now what should i do to keep my house safe and away from her, should i tranfer it to soemone i trust at home...even in that case if the other woman also claims for succ. certi. and gets it...then what about house.

 

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