Advocate Siddhant Sharma

Questions Answered by Advocate Siddhant Sharma

Q: What is the procedure to purchase and register tribal land in Assam? Specifically, who can buy trib

Hello, I want to know if I can purchase a plot of land from tribal people in Morigaon district of Assam, as I am non-tribal. Will the title to the property be transferred to my name, including the registration of land and PATTA in my name? I have heard that in some districts of Assam, land from tribal people to non-tribal people does not get transferred according to local government body laws. Specifically, who can buy tribal belt land in Assam, and is there tribal belt land for sale in Guwahati?

Advocate Siddhant Sharma answered
The lands allotted by the Govt. to adivasis for cultivation known as TribleLands. Sale & transfer of such lands in any manner whatsoever in favour of non-tribal, is strictly prohibited unless specifically permitted by the Govt. Any transaction of adivasi/tribal lands, without permission of Govt. is illegal and will not be entertained by court of law. Even no pleader or advocate can appear or represent before collector/commissioner on behalf of non-tribal purchaser.

Q: what is the final disposal at admission stage meaning ?

In CP(C) No. pending in Hon'ble Supreme Court the current Status/Stage of case is shown as: Pending - (Motion Hearing [FINAL DISPOSAL AT ADMISSION STAGE - CIVIL CASES]) Other (List before another bench after Dussehra holidays)-Ord dt:20-09-2017 Kindly let me know meaning of 'Final Disposal at Admission Stage'. Can I expect that Final verdict will be delivered at the next hearing. plz tell me final disposal meaning ,Thanks and regards,

Advocate Siddhant Sharma answered
It means that The court will dispose the matter before listing it for final hearing. That means the case will be disposed off at admission stage. the court must will dispose it off after a bi parte hearing and does not find it necessary to list it for final hearing.

Q: Is it illegal to roam at night in india even if you are not drunk ?

Sir, is there any law or article that defines that roaming at night or sitting anywhere is illegal in India if you are not drunk or even smoking? can police stop you for walking late at night in india ?

Advocate Siddhant Sharma answered
No, there is no such law, which prohibits any person from roaming at night. Though, police personnel may enquire or ask question as roaming at night may, in a way arise suspicion. Also, regarding sitting anywhere, there may be few places like residential housings, private societies and gardens which reserve right to admission in their premises. However, there is no law prohibiting roaming or sitting in public places at night.

Q: How to deal with promissory note case what is the procedure ?

I would like to know the step by step procedure to promissory note case filing in the court and what are documents prepare. from the begining can i know from you. i need help for case start to end deal my individually by the help of you. can you favour me, wt are the process?

Advocate Siddhant Sharma answered
You have a promissory note or you had issued a promissory note to someone. I shall assume that you have one and some payment is pending against that. You can file a civil suit under order 37 of the civil procedure code. all the documents related to the case would be required.

Q: What is the procedure to sell my deceased father's property? Can I sell my father's property after h

Hello Sir, I have an issue regarding a deceased property owner who had five sons and three daughters. Six of them have been living in Mumbai for over 40 years, but currently, only one family resides in the house, with four family members having passed away. My questions are: What is the procedure to sell the house? Is there a need for an undertaking signed by the surviving family members? Do the sons and daughters have any rights to the property? How to sell property of a deceased person in India, and can I sell my father's property after his death?

Advocate Siddhant Sharma answered
Hi,We all know how property is inherited when someone takes the trouble to leave a will behind. However, what happens when there is no valid will? How does the property get distributed amongst the nearest kith and kin? This is information that almost everyone needs to understand, basically for two reasons. Firstly, so that you do not neglect the duty of making a will, and secondly, so that you understand your own interests, obviously!To make things simpler, let us take an example. X died, causing much grief, and left behind his mother, widow, a son and a daughter without a will. He also leaves behind some agricultural land, some money in the bank, a house and some equity shares in a Demat account. How will the property be distributed and what are the steps to take so that the property of the deceased in transferred to the rightful inheritors?In legal terms, the person who dies without leaving a will is called an ‘intestate’. In legal terms, the son, daughter, wife and mother are all called Class-I heirs and the money would be shared equally among them. Here the son and the daughter are assumed to be adults and not minors. If they are minors, then their amount of the property would be held by their mother until they are 18.Distribution of property after death of the intestate : Under Indian laws, the distribution of property is different for all religions. For instance, Hindus and Muslims have their own inheritance laws – which were unwritten in the beginning, but most of it has been codified in laws made by government of India – with a notable exception of Muslim laws.Inherited Property – Distribution procedure for HINDUs : If you are a Hindu, the property consisting of the intestate’s land and house, will be distributed equally among the four Class-I heirs – the daughter, son, wife and mother.Distribution procedure for Muslims : If you are a Muslim, the Muslim laws of inheritance require at least 2/3 of the deceased’s property to go by line of succession to his family and allow up to 1/3 to be settled by testamentary succession. But as there was no will here, the property bequeathed will go to the man’s heirs in absence of a will by him.Immediate concerns:Right after death, get the death certificates from the municipality, which will be shown when inheriting money from bank accounts, closing the deceased bank accounts, etc. Family members are required to register the births and deaths within the prescribed period of 21 (twenty one) days from the date of death to the registrar.The registrar is:In Rural areas,Registrar (rural) – Village accountantIn Urban areas the following are the registrarsIn case of City corporations: Health officer.In case of City Municipal councils: Health officer/Health inspector.In case of Town municipal councils: Health inspector.In case of Notified areas/Project areas/Cantonment – Health inspector.As there is no will, the legal heirs will have to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – the legal heirs; and an ad will also be published in the newspaper. The court will then take a time of around 4-6 weeks, where the court will wait for objections to the inheritance, if any, from others. After that the court will pass a succession order certificate. The party concerned, i.e. you, will have to give judicial stamp paper of sufficient amount prescribed by the court fee structure to the court. The local law of the State in which the property is situated determines the stamp duty and court fees.The legal heirs will have to apply to the probate registry to deal with the estate. In this case you need to apply for a ‘grant of letters of administration’. An application needs to be filed in the court for the letter of administration for the property. ‘Letter of administration’ is a certificate granted by the competent court to an administrator. If the grant is given, you will be known as ‘administrators’ of the estate. The grant of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.The legal heirs will have to make an application to the court within 90 days from the death of the deceased inheriting the house and land in the following manner:The agricultural land will be divided into four equal parts, each of the four members given an equal share.The house is normally inherited in the name of the four heirs as joint owners. If however the daughter wants to sell her portion of the house, the whole house may be sold and the amount of sale may be equally divided but only if the son/s wants the division. (Section 23 of Hindu Succession Act)If the deceased person owned property with another person or persons as ‘beneficial joint tenants’, the deceased person’s share automatically passes to the surviving joint owner(s).Demat SharesThe legal heirs should make an application to the depository participant of the deceased (DP), to transmit the shares to the legal heirs’ Demat account (i.e. your account). A DP is the person who opens the share account for people and does transactions on behalf of him. He is the intermediate between the depository and the investors (here the investor is the deceased). The DP (of the deceased) will demand a copy of death certificate duly notarised and the succession certificate (which you got from the court) which is also duly notarized by notary people who are advocates who authenticate the certificates with their seal) or an order of the court. A copy of probate or letter of administration is also required. Then you will get the Demat shares distributed equally among the four.If no Class – I heir is present then the property would have been distributed equally among those present in Class-II heirs.The Class-II heirs include:FatherSon’s daughter’s son,Son’s daughter’s daughter,Brother,SisterDaughter’s son’s sonDaughter’s son’s daughter,Daughter’s daughter’s son,Daughter’s daughter’s daughterBrother’s son,Sister’s son,Brother’s daughter,Sister’s daughterFather’s father;Father’s motherFather’s widow;Brother’s widowFather’s brother;Father’s sisterMother’s father ;Mother’s motherMother’s father;Mother’s sister.