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Legal service India => Property laws => Topic started by: mayurmehta on March 10, 2017, 02:37:02 PM

Title: Dillema for Transfer of Property- Heirship
Post by: mayurmehta 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. ?
Title: Re: Dillema for Transfer of Property- Heirship
Post by: adv.amarnath 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.