Advocate Mumtaz Shumsuddin

Questions Answered by Advocate Mumtaz Shumsuddin

Q: LEGAL HEIR CERTIFICATE FOR OWNERSHIP TRANSFER/ SALE OF DEAD MOTHER

Hello,nMy mother has a property in Kottayam, Panachikkadu panchayat. She is a Hindu and she expired 5 months ago and her death certificate and Adhar card address belong to Vasai Municipality, Maharashtra. My father also a Hindu passed away in 1983. I am the only child (daughter) and I need to either get the ownership transferred to my name or I need the certificate to prove that I am the only legal heir, to facilitate sale of property. Kindly note that both me and my mother never resided in Kerala on a permanent basis. My mother used to reside in Vasai Municipality, Maharashtra and I am residing in Navi Mumbai Municipality. Can you kindly guide me about the documents required and the process and cost and also the exact location from which I need to apply (Maharashtra / Kerala)

Advocate Mumtaz Shumsuddin answered
Hiyou have to apply Kerala itself for getting legal heirship certificate. In order to get the same, you have to apply to village office with the death certificate of yours and your father along with a notarized declaration. your I'd card is required.. there after the same will be transferred to Taluk office . thereafter gazette publication has to be made. after completion of all the above formalities, you will get the heirship certificate. on getting the same you have to take certified copy of title deed and then again it has to be submitted with relevant land records and heirship certificate for effecting mutation of the property. then it will be mutated in your name and you can transact with the same.

Q: I owned 5.5 cents of land along with self constructed house and this plot located inside another's p

I owned 5.5 cents of land along with self constructed house and this plot located inside another's private property. I have access to the private road to my house. Now the owner of the private road planning to install a gate at the beginning of the road. He didn't even provided us with street lights and drinking water. What all remedies are available

Advocate Mumtaz Shumsuddin answered
it s seen that, the owner is trying to put gate to keep t as his own. if there occurs obstruction to anybody's passage right, gate cannot be fixed and if there occurs any such obstruction you can approach the court by filing a suit of permanent prohibitory injunction