Advocate Sreenivas V Pai

Questions Answered by Advocate Sreenivas V Pai

Q: After mother's death will the share go to the legal heirs ?

The above had met an bike accident in November 2008 while coming from his work place kozhikode airport . His wife Mrs.  had put up his claim and already sanctioned the amount. Since his mother has expired in August 2017, who will be entitled for it. My wife is one of the legal heirs , she wanted to return the entire amount of mothers share to the wife of the deceased . Could you please let me know since the mother is no more should the share goes to the legal heirs

Advocate Sreenivas V Pai answered
No. The legal heirs of mother are not entitled to get her share. It will goes to the wife of the person who met with accident. But there is no retrospective effect for this. The date of mothers death is considered for this issue in a recent ruling of supreme court

Q: Difference between Legal heir and family membership certificate

My father died in 2015. Now me, my brother and mother decided to partition the property. Is it necessary to get legal heir to do this? what's the difference between legal heir and family membership certificate?

Advocate Sreenivas V Pai answered
Legal Heirship Certificate is the actual document declaring who all are the legal heirs of the deceased., issued by the Tehsildar, after verification and enquiry report FMC is the certificate issued by the Village officer stating who are all the family members of the deceased.LH Certificate will be issued only after detailed enquiry and notice in gazette etc.. So it consumes time. Whereas FMC can be obtained immediately from VO on application.

Q: Prior deed number not mentioned in new deed by mistake

I got some land from my elder brother few years back as gift deed. But the new deed which i got has not mentioned the prior deed number . Now i went for a home loan at punjab national bank. They rejected my loan at the last stage saying that the prior deed number is not mentioned in the new deed. For that they adviced me to make a new deed mentioning the missing prior deed number. But now my elder brother who gifted me the land is not willing to sign the new corrected deed. Registrar office told me that only after my elder brother sign , the new corrected deed can be valid.. he is hesitating to sign.. whats the solution as my house construction is stuck in the half way. Please suggest me a solution

Advocate Sreenivas V Pai answered
Don't worry. You may file a suit in the Munsiffs court with a prayer to pass an order for the same . There is provision in law under Specific Relief Act. The only problem is that it will take little time since the court has to call for the other side objection if any. Evidence will be taken on the basis of your previous regd doc.and thereafter only Court could proceed for hearing n orders.

Q: Can child get in ancestral property if born from unregistered marriage

i didnt registered my marriage.we married 5yrs back.child is 2 yr old.if we do register marriage is their any problem for the child to get his ancestral property.please do reply

Advocate Sreenivas V Pai answered
No problem. No marriage is required to be registered for the purpose of inheritance of ancestral property to your legal heirs. Hope the records of your legal heirs proves that they are your legal heirs. You can even now register your marriage since the marriage date.

Q: Can we get stay order on the event being organised to defame family

My father's younger sister filed a partition suit against the properties of my grandmother & one of my late brother (un married) of my father. The civil court judged equal shares to all and let for final decree. She is employed, married & residing at Bangalore for the past 25 years. After this judgement, she filed a case under the judicial first class magistrate under protection of women from domestic violence act u/s 23(2) and obtained an order from the court to stay in the ansestral house in the dispute property. Restraining us from causing any disturbance for peaceful residence in the petition scheduled property. Now she is planning to conduct a function in that house next day inviting all the local people & relatives. The close relatives are not in support of her. If this function happens, it will be a big shame upon us & our other family members. So, any possibility of bringing a stay order to this?

Advocate Sreenivas V Pai answered
You can approach the concerned Munsiffs court and obtain an interim injunction restraining her from your peaceful possession n enjoyment of the house. U should file a suit in the court where u seek relief.