Advocate Tejas Shah

Questions Answered by Advocate Tejas Shah

Q: Succession certificate. Please tell me how to proceed ?

My parents expired in 2014-15 without any will. We are 3 siblings and with everyone's consent I want to get a succession certificate. I am told that I will need two separate succession certificates for both deceased. Is that the case or can it be done on a single certificate? The assets are held jointly by my parents.

Advocate Tejas Shah answered
since your parents have died intestate then u will have to obtain a letter of admnistration from the Hon'ble High Court for administration of the property and on obtaining the same you can transfer the property .

Q: Selling property of minor owner what to do

Respected sir, my father purchased a house after his death our name has been attached to 7/12 extract as heir wife ,2 sons and 2 daughters. total 5 people name is in extract as heir. youngest daughter's age is 16year old we want to sell property, do we need any permission from court or deputy collector to sell propety where one of owner is minor?? what kind of permission we need ? which permission will be available easily?its very urgent

Advocate Tejas Shah answered
Dear sir,In order to sale the property in the name of minor you will have to take appropriate order from the court of law by filing a Guardian Petition depends where the property is situated.

Q: How to make a will

Can the will be made in such a way that all belongings to husband first and then as per the list specified according to my wish after his death? Hindu

Advocate Tejas Shah answered
Can the will be made in such a way that all belongings to husband first and then as per the list specified according to my wish after his death? Hindu? yes

Q: Property Sale Fraud what to do

I had sold my house in year June-2016 and Actual value agreed with buyer was 36lacs but on the day of execution of agreement buyer approached with request to make agreement with value 31.5 lacs, because buyer could not arrange full agreed amount on the day of execution of agreement. Since buyer was living in same building we had good relationship and therefore trusted her and agreed to keep 4.5 lacs pending and executed agreement with value 31.5 lacs instead of 36 lacs and buyer agreed to pay balance 4.5 lacs in Cash with in a Month from agreement date,but failed to pay even after Seven months of follow up. Buyer even made false promises and later in Jan-2017 refused to pay balance amount 4.5 lacs. Name transfer of flat blocked with legal notice. As evidence i have, MOU signed by buyer In Sep-2016 wherein she agreed to pay balance amount in 15 days. Also 28 phone calls recorded on mobile phone along with one Video recording containing her confession about unable to pay. Pls advice

Advocate Tejas Shah answered
Please note that under the law you cannot claim any cash component but it is also necessary to understand and read the terms and conditions of the MOU in order to take any action against the defaulter

Q: How to obtain Legal Heir certificate for UK Citizen

Can you pl advice how to obtain legal heirs certificate for a UK citizen who already has a will and probate as per Uk laws , however to settle her estate in India the Indian banks are requesting for legal heirs certificate. The legal heirs certificate as per UK laws does not exist. IF you have any expertise on this field pl contact me.

Advocate Tejas Shah answered
In order to obtain legal heirs certificate you will have to make an application Hon'ble Bombay High Court for obtaining the succession certificate in order to distribute the estate of the deceased.