• Advice on probate and succession matter

I am a lady 80+ senior citizen living alone in Mumbai after death of my husband Mr T in December 2018.

Mr T & his younger brother Mr X were given 50% share each in their father’s building upon his death many years ago.

Mr T bequeathed me his entire estate since we have no child. As such, I have possession of 3 flats of 1BHK each.

In my flats, I occupy one flat and locked other two flats. Similarly, Mr X stays in his portion of flats along with his sons & their family etc.

However, after death of my husband Mr T, Mr X and his sons are harassing me by putting locks on my flats saying my share is only undivided and nowhere the flats are specified.

I am fearful he will occupy the flats forcibly and also fear for my personal safety. 

Need urgent legal advice how to protect my flats and my share. Ultimately I want to sell all my share and relocate some other city.
Asked 10 days ago in Property Law from Mumbai, Maharashtra
Religion: Christian

Does will mention that 3 flats are bequeathed to you 

 

2) you should apply for probate of your husband will 

 

3) probate is judicial proof that will is genuine 

 

4) also file suit for division of property by metes and bounds 

 

5) since you are senior citizen you can seek expedited hearing of suit 

 

6) you are at liberty to sell your 50 per cent undivided share in property 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

  1. As an immediate action, file a police complaint against them for trespass. Locking you out is an offence of trespass. 
  2. File a civil suit for eviction against them.
  3. Meet me at my office for exhaustive consultation. 
  4. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four). Take appointment by calling

Netra Mohanchandra Pant
Advocate, Navi Mumbai
378 Answers
1 Consultation

4.7 on 5.0

you must file a criminal complaint against the culprit in the concerned police station and you may also reach directly to the SSP/DCP by way of application that they are assaulting and criminally intimidating you. 

You need to file suit for declaration and partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

Did your late father in law make any registered transfer documents in favour of his two sons?

By what mode of transfer do you say that both sons were given 50% share

If the father in law died intestate then his property will devolve on his legal heirs ie his sons who will have undivided share in the flats 

However if your father in law had made a Will in which he specifically said that so and so flats will go to T and so and so flats to X, then both sons will be entitled to their respective shares

If the father in law only said that his flats will go to his two sons, then the sons will have undivided share in the flats

Since you wish to sell the flats, you can offer your 50% undivided share for purchase to your brother in law

If they are not giving you the proper market rate for your flats then you will have to file a partition suit against him 

Also in order to sell your flats you will have to obtain probate from court which is an expensive procedure 

Yusuf Rampurawala
Advocate, Mumbai
3469 Answers
14 Consultations

5.0 on 5.0

Dear Madam,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them and also get open the locked flats.  Few FAQ's are as follows:

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

 

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?

Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?

Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?

Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?

Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?

Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?

Ans. An application for maintenance may be made:-

  1. by a senior citizen or a parent, as the case may be; or
  2. if he is incapable, by any other person or organization authorized by him; or
  3. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?

Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

Netravathi Kalaskar
Advocate, Bangalore
1730 Answers
5 Consultations

5.0 on 5.0

1) Nine eight two zero eight nine seven eight eight four. 

2) that's my contact. My name is Adv. Pant. Kindly fix up an appointment with me by calling. Your queries can be answered only during exhaustive consultation meeting

Netra Mohanchandra Pant
Advocate, Navi Mumbai
378 Answers
1 Consultation

4.7 on 5.0

See since there is no proper partition of the property first option is sale your undivided share to some person he will file suit and get partition done as suit take time at this age I won't advise you same.

Further alternatively you can also file a suit for partition seeking division of complete property by meats and bounds.

Further for there harrasment a police complaint and a complaint before SP and collector can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

1 .See for court fee local advocate will guide you.

2. The procedure in court can take years though you can file an application to expedite the matter based on your age. 

Though I would still advise to sell the undivided share and live peacefully 

 

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

1. For probate -

20k for drafting petition

10k for executing transfer deed

10k for filing vakalatnama

Clerkage - min 30k

Court fee - max 75k payable to court depending on value of the property

The above can be shared between you and your brother in law as even he will need probate when he has to sell or mortgage his flats 

Also if the estate is already divided between the two brothers then no need for any partition suit, unless the brother in law begins to act funny and claims undivided share in your share of flats 

Please note that here there are two Wills - one of your father in law and one of your husband. So the above charges will be multiplied by 2 as the probate of both Wills have to be obtained

Also if there is any objection against any of the Wills, then the probate petition will be converted into a testamentary suit which will invite different considerations as a suit and petition are different 

2. As above

3. 6-8months. High Court of Bombay 

4. Colaba

5. You can contact kanoon for my contact details 

Procedure in brief 

If the Will was made in Mumbai or pertains to property situate in Mumbai then probate is compulsory 

The above rule is for Hindus. As you are a Christian you may have to still obtain Letters of Administration from court which is same like probate

The court will appoint an administrator 

Who will then execute and register transfer deeds in favour of legatees named in Will 

The stamp duty on the transfer deed will be nominal 

Registration is compulsory for transfer deed (for which charges will be extra) 

The execution and registration of transfer deed as above will complete the title of the legatees to their respective properties bequeathed to them under the Will

If probate or letter of administration is not obtained then the party will not get buyers and even the bank of the buyer will not sanction his loan. Mere society transfer or making of affidavit do not confer any title on the legatee

 

Yusuf Rampurawala
Advocate, Mumbai
3469 Answers
14 Consultations

5.0 on 5.0

Court fees for probate is Rs 75000 

2) court fees for filing suit for partition depends upon market value of flat maximum amount is Rs 3 lakhs 

 

3) legalfees vary 

 

4) partition suit  would take some years to be disposed of.  testamentary petition for probate woukd take 6 months of not contested 

 

5) my office is in flora fountain Churchgate 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

Dear client,

Distribution of share through Oral partition already had, so Mr. T occupied flats will inherit in you.

Hire local lawyer. PROBATE takes time. Hire efficient lawyer. Or without PROBATE sell it to sell builder . Talk to local agents.  Than new buyer will deal with the issue.

Yogendra Singh Rajawat
Advocate, Jaipur
8241 Answers
7 Consultations

4.7 on 5.0

If no written settlement is there issue a notice to the other party for mutual division by metes and bounds by arbitration as per will.

If the other party does not agree or not response, then file a partition suit for division of the property by metes and bounds.

 

Kallol Majumdar
Advocate, Kolkata
98 Answers

5.0 on 5.0

There is stamp duty and court fee  varies to maximum upto 75000 for probate in HC depending on value is total Property. Lawyer fees are additional.

2. It's HC. My office is in fort. You can contact me from Kaanoon through telephonic consultation rest we can take forward from there. I can meet you anywhere as per your location. I am not authorized to share my contact details. You will get the same from Kaanoon. 

Prashant Nayak
Advocate, Mumbai
6126 Answers
5 Consultations

4.8 on 5.0

If you are afraid that the X and his sons may grab your property or are constantly troubling and torturing you ion this, you may file a permanent injunction suit agaisnt them restraining them from interfering into your possession and enjoyment of the property.

You may contact an advocate in the local and file a suit immediately to safeguard your interests in the property.

 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

1. The charges and the court fee may be enquired form the advocate whose services you may like to engage for this purpose.

2. Same as above.

3. The time taken for disposal of the probate case cannot be predicted, however it may take at least two to three years.

4. 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

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