Legal Advice n similar case citations/decisions
Dear Madam/Sir, I am with my younger brother are joint owner of land in village. Brother and his wife died (before) without any issue. Now, I am the only survivor in the family. So, what is the procedure to claim for heir-ship certificate. How much stamp duty I have to pay as per Maharashtra Court rules. some one says 400 time of agri tax or 200 times or agri tax ? New amendments about stamp duty are not still implemented. If any has similar case references pl mention case/citations/ decisions in the reply. Thanks n Brgds.- Sanjay D. more
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If the total value exceeds Rs. 11,00,000/- the max. limit of the court fee is Rs. 75000/- more
Mar 09
It all depends on whether adequate documentation is available with you indicating that you are joint owner of the property and also details of family that clearly indicate that you and your brother are the only children of your parents and that death certificates were obtained to indicate that your brother's wife pre-deceased him without progeny. To protect your interests and that of your legal heirs it is better to apply for a succession certificate but if the documentation proves you are joint owner of the property along with your brother, you could also file an affidavit with the Registrar that you are now the sole owner of the property concerned and there is noone else who has any claim to the property. A local lawyer should be approached to help you in this matter so that the claim is watertight and there are no issues to be faced by your legal heirs in the future. There is also a practical solution when you could approach a local bank to raise a loan on the property and their requirements will give you clear pointers about how to deal with the situation. L.Kalavathi Retd. Bank Official, Chennai, Tamilnadu, India 8th March, 2018 more
Mar 08
KIndly arrange death certificate of both the heirs and then with a list of legal heirs and file a statua to the LNDO giving the details with an affidavit stating you are the lone survivor of the property and the transfer of the same be done. more
Mar 07
First you need a family certificate identifying your parents and their off spring. This should clearly show that you and your brother are the only legal heirs of your parents. That can be used to prove that you are the legal heir for your brother's property. Were your parents government employees? was your brother a government employee? This would make the process easier if you can get a letter from concerned department showing family details. You can get the Family certificate from your local MRO office by providing the required evidences. Without proper evidences, it will be difficult. Are there any others who are claiming this property? If so, you need to file a petition in the civil court for the property rights to be assigned to you. Bottom line : you will need legal help in case you do not have evidence. If you already have evidence you can manage at the MRO and registrar's office. more
Mar 07
better to get advice from a tax consultant / auditor / legal advisor - a professional!!!!!!!!!!!!!! more
Mar 07
