Hi, it is advisable to engage a lawyer in Kolkata as he will be able to Handle your case more efficiently .. Further , you should file civil suit for declaration and permanent injuction to obtain a stay order and restraining them to selling or creating a third party interest in the property
RTI for obtaining property papers for deceased father's property in Kerala
Hi, I am a Muslim. My father passed away 2 years ago leaving us and our step brothers and sisters. My step brothers have taken possession of all his properties in Mumbai and Kerala with no intention to give a share to their step sisters. Because of their proximity to Kerala and political influence, we are afraid that the property papers will be tampered with and name transfers done without anyone's knowledge. 1. I am looking for an advocate who is knowledgeble in Kerala property matters who can file an RTI and aggressively followup to obtain the property documents. There is a great deal of fraud that goes on in Kerala, so a tough advocate is needed.I have the complete survey number and description of the property. 2. If a suit of succession is filed from Mumbai, can an advocate from Mumbai have to travel to Kerala to handle the property located in Kerala or the dispute for both the Mumbai and Kerala properties be handled from Mumbai court itself ? Again, if there is any advocate who has knowledge of dealing with Kerala property and can handle the inheritance matter for both Mumbai and Kerala properties from Mumbai (assuming that is allowed), please let me know. My email is [deleted] Thank you
Asked 6 years ago in Property Law
Religion: Muslim
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11 Answers
Dear Client,
Succession Suit is maintainable where properties are located. Next such suit is filed for financial securities, banks, share etc.
Partition suit is valid option to claim your share in the properties but in court of Kerala Only. For properties in Mumbai, Jurisdiction in Mumbai.
Find some lawyer in Kerala. You can file RTI online.
you can take search in sub registrar office and obtain certified copies of sale deed if any executed in respect of the property in kerala
2) you can file application for LA in Bombay HC for properties in Mumbai and kerala
3) if there is no contest you can get LA in 6 months
1. If you survey number obtain certified copies of the property documents by applying to sub-Registrar.
There is no need of RTI certified copy form is available fill the survey number obtain copies.
2. If you file for partition suit than suit lie at respective place based on where property is situated and nature of property. If agriculture than with revenue court otherwise with the civil court. So for kerala in kerla and for mumbai in mumbai.
If succession certificate is granted to them then challange same at the jurisdiction where it was obtained.
1.If you have the details of the property addresses like Survey Number, holding no. etc., you cab conduct search from the concerned registry office to understand the whether any transfer of property has been taken place or not and can obtain certified copies of the title deed of your late father (and also copies of other transfer deeds if any fraudulent transfer has taken place).
2. There after file a partition suit claiming shares of your late father's properties as per sharia law for which you shall have to obtain legal heir certificate from the ward counselor of the local Municipal Corporation of the place where your father ordinarily resided and died. If your late father had left properties both at Mumbai and Kerala, you can file the partition suit claiming partition of all the properties at any of the two places as it suits you.
1. You can obtain certified copies of the registered document if you have survey numbers of the properties under threat.
After that you can file a partition suit seeking proper partition and separate possession of your legitimate share in the properties as per your entitlement as per Sharia Law.
For a lawyer you may have to look for one yourself, you can look for one from this forum too.
2. You can very well file a partition suit seeking partition and separate possession of your legitimate share in the properties left behind by your deceased father at Mumbai itself even for the properties situated in Kerala, provided you have properties for partition in Mumbai also.
A Mumbai lawyer can handle the properties situated in Kerala also by filing a partition suit in Mumbai itself combining the properties in Mumbai and Kerala in the same suit.
Mr Ajit, Could you please clarify what LA means and how it relates to property matters for inheritance when the properties are located in different states? Thank you
Asked 6 years ago
LA means, probably the lawyer would have meant letter of administration.
You are right that this may not be applicable to your situation.
You may follow the other steps suggested.
LA is letters of administration
2) when a person dies intestate in Bombay or has property in Bombay you can apply for LA from Bombay high court for properties situated in Bombay and other states
Letter of Administration
If someone dies interstate before administration of estate is entrusted to someone or when no executor is appointed under the will of deceased or when executor is appointed but he refuses to act, then Letters of administration may be issued to entitle the administrator to all rights required for effective administration of the estate of deceased. The one LETTER OF Administration can be obtained for all properties of deceased irrespective of their location in India.
LA is the given as manager of property so it is distribut and takes care of property to actual beneficiaries.
1. LA means Letter of Administration which is ordinarily applicable in case of will of demised person.
2. LA is no where connected with your instant matter or claiming partition of your father's properties who has died intestate.
Letter of administration is an aurhrization given by the court that you or a particular person can handle the affairs of a particular property or various properties.
Regards
