Advocate Nelson Joseph

Questions Answered by Advocate Nelson Joseph

Q: Legal Heir Certificate required for bank loan

I have received two properties in a single plot from my mother (A) and her sister (B) through a settlement deed in 2019. They received the property through a partition deed in 2008 after the death of their sister (C) in 2006. C was divorced in 2000 and had no kids. Their parents had too passed away in 2002 and 2007 which made A & B the only legal heirs to C and thus the property owned by C was transferred to A & B in 2008.Since my prior deed was done 12 years back, no one remembers whether the legal heir certificate was obtained during that time or not. Now when I am trying to apply for a home loan, the bank is insisting on getting a legal heir certificate which I believe will take a lot of time.I would like to know whether there is any workaround for this problem. We do not have the divorce documents at our procession which were received 20 years back. So I believe applying for a legal heir certificate might not be possible.

Advocate Nelson Joseph answered
you can apply for an legal heir certificate and in the meantime get a relationship certificate from Village Office. most of the banks will accept relationship certificate if otherwise everything is okay.

Q: Seller breaches contract. intentionally cheat . money not return

I will explain full scenario in chronological orderwe did land sale agreement not registered only notorised. need to complete transaction and transfer the land in 6 months sep 31. agains advance amount of 3 Lakh through icici cheque payment.after two moths we asked them to bring original documets needed for the registration they refused to bring. and at the end of agreement validity. they stoped responding our calls.so i asked one advocate. the told me to sent a notice to come to registrar offiece on sep 30 and complete registration . but they not claimed notice. so after nov2 i got Caviet for the following land. in the caviet they didnt mention any thing about the payment and agrrement . after few days i got another notice. they are telling that we are money lenders and we lend money against interest. we took 2 blank document paper . and they are claiming that the original land document is with us. and they ready to give money in with in two months . i didnt give reply to that legal

Advocate Nelson Joseph answered
you can file case for Specific performance of the contract. that means for getting the registration of land through court. caveat is filed expecting your case and caveat need ot contain all details. its only for getting notice from court before passing any order against them

Q: Ancestral Property Claim & Transfer

My spouse is the only son. His mom passed away in 2016. There are 3 properties - 1 theatre, 1 bar & 1 houseTheatre is an ancestral property & is in his mom's name still. His dad is saying he can't transfer title because his nani (grand ma) is still alive & she has a running case of 1/5 profit share in business as per grandfather's will.Bar is in both parent's name, but built on an ancestral land.For home my husband gave 50 lacs cash but no proof of it.What can we do to get atleast some share in the property?

Advocate Nelson Joseph answered
He can claim his share rights in the mothers property in his name. Even if grandma has a share, his share would be there which he can claim for partition. Regarding other matters, more details and perusal of documents are necessary to give a proper opinion.

Q: Partition of Undivided House Between Brothers

Sir / MadamI my self and my brother hars built an equal squre feet area double store building with separate kitchens, on a heriditorily land handed over and jointly owned by me and my brother. I have invested 90 percent of the expenditure incurred for the construction of the above double storried building.Am unmarried and he is married and have children.He is a nice person. But I want to prepare an apt Deed that fix unquestionable sole, single ownership and transfer right to both of us on the particular floors.Sir How should I prepare such an apt Document ensuring full legal protection to me especially I am single unmarried co-owner and wish to secure my future life with out any legal issues

Advocate Nelson Joseph answered
you both can execute a partition deed clearly mentioning the share of each person and specifying the area in the building to each person and the undivided rights in the land. The deed may be registered in duplicate for the use of both.

Q: do I have right in my grandparents property in case my father died

My father died before 10years and my grand parents are still alive they have 4 another sons do I have any right in their personal property

Advocate Nelson Joseph answered
After the death of your grandparents all children including your father will get right over their property if there is no Will executed by them. Since your father is no more, his legal heirs i.e. you, your siblings and mother will get his rights.