Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Dillema for Transfer of Property- Heirship  (Read 268 times)

0 Members and 1 Guest are viewing this topic.

Offline mayurmehta

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Dillema for Transfer of Property- Heirship
« on: March 10, 2017, 02:37:02 PM »
  My mother was murdered by my father and he was sentenced to prison under section 302 . After coming out of jail he did not contact me and remarried and is out of contact for the last 15 years. So after that I applied for legal heirship certificate to transfer 2 flats which were on my mothers name

    After filling application for the same ,one year later the result was declared in my favour (as my father is barred since he commited murder) for only one property whose original documents were in my custody. As the original flat documents of other flat were not available i could not get heirship for the 2 nd flat. And the lawyer made mistake in the beginning of application of not mentioning to court that the 2nd flat documents were only xerox copies and not original .So in the end the judgement was passed successfully for only one flat whose documents I had , the other flat was rejected.

    Then after judgement was passed the certified copy of the second flat agreement was found at sub registrar and submitted in court along with review of application. And the review application was made on the context of new discovery of evidence.  But since Xerox was submitted in the first case the court argued that where did the Xerox came from in the beginning and argued you were very well aware that the paper was with the registrar. And hence declined the review application as well.

 Now I am in a dillema. court fees for hiership for joint flat application is 75,000 and if i take single flat certifcate then i will have to pay 75,000 twice. ( for flat 1 and flat 2 separately)

q.1 whether I should pay 75,000 acquire the flat 1 and then make new fresh application for 2nd in the HIGH court or in the local court itself.

q.2 If i apply in high court . how much time will the court take to pass judgement. the district court took a entire year for the judgement to pass for flat no 1 and then for review application it took two years just to reject the statement. SO will the HIGH court do it in less time or more ?

q3. what approximately will be the lawyer fees for high court and the court fees. ?

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1502
  • Karma: +59/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Dillema for Transfer of Property- Heirship
« Reply #1 on: March 12, 2017, 01:26:37 AM »
q.1 whether I should pay 75,000 acquire the flat 1 and then make new fresh application for 2nd in the HIGH court or in the local court itself.

q.2 If i apply in high court . how much time will the court take to pass judgement. the district court took a entire year for the judgement to pass for flat no 1 and then for review application it took two years just to reject the statement. SO will the HIGH court do it in less time or more ?

q3. what approximately will be the lawyer fees for high court and the court fees. ?

All above queries are being answered as follows:

You need not to file any application for legal heirship. As per law, property left by your mother already devolved upon you and for which there was no necessary to file any case. What you did was unnecessary. Simple mutate your name before corporation or local authority and that will be enough. You has been disqualified to inherit his share as he did murder and you must take a certified copy of same if you wish to sell out the properties of your mother in future.
Regards,

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

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
Get Free legal Advice here from top notch lawyers in India