Advocate Chinnmay S. Shah

Questions Answered by Advocate Chinnmay S. Shah (100+ answers)

Q: Is Probate Of Will Necessary For Indian Christian, will under christian law

probate of christian will in india is it Necessary ? , what is the the significance of name on back side of share certificate

Advocate Chinnmay S. Shah answered
Probate is a document issued under the seal and signature of a Court officer , certifying that a particular Will was proved, with a copy of the will annexed. The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills. Under Muslim law, male and female can make Will. Will by Pardanasin woman is also valid but stronger evidence is needed to prove the genuineness of the same. The executor is the most important person in the Will. An executor has a duty to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will.

Q: Can you sell property without the original sale deed ?

I purchased flat 4yr ago. That time agreement to sale was done but sale deed was not made. Now I want to sell this flat but don't have the sale deed of flat, is sale deed mandator ?,is transfer of property without sale deed possible?, What can be done?

Advocate Chinnmay S. Shah answered
Ownership means a person has a right over a property and owns it. An owner will have the right of possession, right to its use, right of way, right to transfer it and the right to earn rent from the property.An owner can transfer his property by gifting or selling it. A sale deed, or any document through which the ownership rights are transferred, is a document that gives evidence of an individual's ownership of a property. Rights in property can be transferred only on execution and registration of a sale deed in favour of the buyer.A conveyance deed is executed to transfer title from one person to another. Generally, an owner can transfer his property unless there is a legal restriction barring such transfer. Under the law, any person who owns a property and is competent to contract can transfer it in favour of another. If the owner gives another individual a power of attorney (POA), that person can sell it under this authority. A POA gives another person the power to act on behalf of the owner. However, if the POA only grants a person the authority to manage the property, he cannot sell it.Agreement to sell precedes execution of a sale deed. The subsequent sale deed is based on the agreement to sell. The agreement is signed and executed by the seller and buyer on a non-judicial stamp paper. As such, it has legal value and can be produced as evidence. Agreement to sell is the base document on which the conveyance deed is drafted. Every document of transfer of property by way of sale would be preceded by an agreement to sell. The agreement to sell is also in writing.ny instrument indicating transfer of property must be registered. The sale deed and other relevant documents have to be stamped and registered at the subregistrar's office having jurisdiction over the property. The purpose of registration is to prevent fraud and provide security. It also ensures that every person dealing with property, where such dealings require registration, may rely with confidence on the statements contained in the registered document as a complete account of all transaction by which his title may be affected.A transfer of title in real estate is not valid if the sale deed is not registered. Registration in the Once purchased, the property should be mutated in the name of the purchaser. Mutation is not a legal title given to the new owner. It basically means rectification in the records of the municipal authorities (in case of urban properties) and local revenue officers (in case of other properties), replacing the name of the owner with that of the new owner. The new owner, in whose favour the title and other rights pass on, must apply to the local municipal authorities for mutation.Mutation of property is recorded on the presentation of registered documents showing evidence of transfer of property. Mutation of property in the municipal or revenue records is mainly for the purpose of payment of property taxes.

Q: How to file a case against someone in another country ?

I was staying in US with my husband around' 5 years and had lots up and down in the relationship with my husband and had vry bad times seen also now I am back to India with my daughter thought wil go bck to US but husband says he don't want me and also daughter to come there and he wanted to stay alone as his wish how can I face this further pls do help me not knowing the way wht to do but s stil need to face what comes, how to file complaint against nri husband ?

Advocate Chinnmay S. Shah answered
The best and the quickest possible way is to file a criminal complaint against him and you can also make sure once the FIR is being registered the same can be addressed to the embassy as well along with the residential address of your husband who is been staying abroad, through embassy police will do further investigation.

Q: Can brother gift property to brother

Hi Sir, What is the process for gift deed from brother to brother? and what will be the charges for gift deed brother to brother stamp duty registration. Please advise.

Advocate Chinnmay S. Shah answered
Hello,For registration of gift you need to make a gift deed and have to make sure that you register the same within the local registrar’s office.The stamp duty required by you to pay towards the said gift deed from brother to brother is 3%..Documents required for registration of your gift deed is as follows.1. Previous sale deed / agreement for sale.2. Property card3. Occupation certificate/ completion certificate 4. Society maintenance copy and Electricity bill5. Share certificate6. KYC of both the person donor and donee7. 2 witness and their kyc.Thank you

Q: Release deed stamp duty in Mumbai, India

Hi, a flat belonged to my father, who passed away a few years ago. The flat is still in my father’s name. My mother and I are the legal heirs to the flat. The property is located in Pune, Maharashtra. I want to execute a release deed in blood relation stamp duty to transfer my share to my mother.

1. What are the stamp duty charges for this transfer?
2. What is the stamp duty on release deed in Maharashtra?
3. How much registration fee will I have to pay?
4. What is the approximate time estimate for this procedure?
5. How does stamp duty for release deed in Maharashtra compare with the stamp duty on relinquishment deed in cases of blood relation property transfers?

Advocate Chinnmay S. Shah answered
Hello, in your case, if the flat is being transferred to your mother through a release deed, the stamp duty for the release deed in Maharashtra will be calculated based on the ready reckoner value of the property. For Mumbai, Pune, and Maharashtra, the stamp duty charges are as follows:

• 5% stamp duty on the property’s market value
• 1% metro cess (applicable in Mumbai and other metro areas)
• Registration fee: Capped at ₹30,000