Advocate Shabuddin B S

Questions Answered by Advocate Shabuddin B S

Q: In case of death of sole petitioner do family member become legal heir

Sir I wanted to know that in my case there is death of sole petitioner and can their family members become legal heirs ?

Advocate Shabuddin B S answered
First you have clear what kind of case it's because in criminal case no legal heirs will come in picture. So in some cases of civil legal heirs will can do only ignition suits legal heirs will not applied.

Q: 72 year old uncle wants to adopt 48 year old nephew how to proceed

My uncle who is 72 years old & widower without any children. Now he like to adopt his nephew who is 48 years old & supporting his living. Is it allowed as per law? Is his adopted son can inherit the property after his death, which was allotted to his wife & transferred to his name after her death. His concern if any relative may create problem to nephew in spite of having a will his name.

Advocate Shabuddin B S answered
Yes your uncle can adopt. But as you said his nephew age is around 48 hope if his married he can take his wife concern and also his children's concerns also it clearly define in section 5 to 16 of Hindu adoption act .

Q: Transfer of property from married sister to brother

I need your valuable advice on the transfer of an agriculture land which is in the name of my sister who is married (property stood in her name long before she got married). I want to know what the best way to transfer without spending much. Note: the property is situated in Bangalore North.

Advocate Shabuddin B S answered
She can transfer her property to you by gift deed, it cost you around 10k. If she is your own sister ( blood related) gift deed give same value as its a absolute sale deed. In some cases even GPA also can do

Q: Property dispute owners grandson claiming it

Hi I am a resident of Bangalore Bommanahalli, I bought a property from Mr Ahmed, 7 years back, Mr Ahmed had done the registration from the land lord Mr Muniyappa to his name, and later I got it registered from Mr ahmed to my name. Now Mr Muniyappa's grand son are threatening me that this property belongs to their ancestors and asking me to do the re-registeration and pay them 50k, I have paid the Katha (Property Tax) up to date, Do I need to do the re-registeration? Please suggest.

Advocate Shabuddin B S answered
Hi,No need to pay anything to any one, kindly come to my office with all papers which u have with u. Once I go through then only we can suggests something. As per law if Mr.Muniyappa and his family members come to give a trublw u immediately react on this.

Q: Procedure to transfer the ownership if owner died intestate

dear all, one of my friend's father has died without registering the land on my friend name in 2005 ,now he wants he wants to sell this land ,but the land is on his father name ,please let me know the process of selling this land .His mother also died so he is the only legal heir

Advocate Shabuddin B S answered
Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.After making enquiries, the Tehasildar will issue the legal heir certificate.On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee.Once such a Relinquishment Deed is registered, then your mother can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in her name.