Vakalatnama is document which execute to hire advocate who will file case in court. Dose your mother have any properties ?
or valuable articles ? bank account etc - for these only SC requires.
Signing a blank vakalatnama
My father said that he needs the blank vakalatnama to be signed by me for succession certificate as I am his only daughter? My father and mother had trust issues. My mother died a year ago. Since then he has tried to gain my trust in various ways. Is vakalatnama required for successor certificate? Should i sign the blank vakalatnama?? Please help.
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
20 Answers
Yes my mother had recieved quite a lump sum from her mama living abroad. There are also some land properties in her name. My mother was a rich woman. She died of cancer. Background Fact: My father secretly married another woman after my mother's death who already has a daughter from her previous marraige. I recently came to know about this from my father when their marraige fell apart a few months after. Now he has filed for divorce. My question: 1. After this incident, he wants a successor or relationship certificate which says that I am his only daughter or sole successor. For this he needs me to sign the vakalatnama. So should I sign it?? Is vakalatnama required for getting a successor certificate?
Asked 6 years ago
No you shouldn't sign anything. Succession certificate is made after the death of the person after whom you succeed.
You will need a succession certificate after his death. Also he may be writing that you don't need the money in the blank paper.
Hello,
Don't sign it as he needs the succession certificate where he will file suit where it will be shown that you have no objection.
Regards
No don't sign on any blank vakalatnama name kindly signed filled all details and purpose, specific reason etc and to whom you have given legal POA.
Vakalatnama is required to file a case by your advocate.
The details would be filled by your advocate.
However if you don't want to sign a blank vakalatnama you can very well insist on filling up the same and then sign.
There can be no successor or legal heirs to a living person.
Hence there's no necessity for a vakalatnama at this stage
If he's so much worried about his succession he can write a Will bequeathing his share in all the properties to your name, which is a better option.
Vakakatnama is necessary for issue of succession certificate
You should sign vakakatnama for issue of succession certificate
1. Vakalatnama is issued to Advocates and not to father unless he is an Advocate.
2. Vakalatnama is required for filing an application for succession certificate. Select your Advocate and isue Vakalatnama in his favour and not blank Vakalatnama.
1. Why should he take your Vakalatnama for proving that you are his sole successor?
2. May be he is trying to grab your mother's property by filing application for succession certificate to usurp her movable assets.
3. If your father wants you to get his properties, he can gift the same to you or write a Will in your favour.
4. I find no reason for his asking for blank Vakalatnama from you.
Yes vakalatnama is required for your consent to appoint a lawyer. So it's required. If you want to appoint that lawyer then it's required
Yes Vakalatnama is required for succession certificate but dont sign on blank Vakalatnama if you have trust issues with your father.
1. Instead of signing any joint vakalatnama with father and since you are apprehensive of your father's intentions, You can independently file "succession proceedings" for claims on all your mothers properties, supported with relevant documentary evidences & witnesses.
2. Vakalatnams is required for ALL types of Court proceedings, unless you are representing the court case in-person (means you fight the case yourself)
In the absence of any bill from your mother the property will be divided between you and your father until and unless you are sure that you will be used for the Advocate who is going to favour you you need not to sign any such paper. Signing VAKALATNAMA means you are Hiring an advocate who can take actions in your behalf and sign and submit too many papers as submitted by you
Signed Vakalatnama is required to be obtained by a lawyer from his client when it is to be filed in Law Court or Tribunal to plead on behalf of his client- No Vakalatnama is needed for performing other legal work.
A Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the clients matter in a court of law. if your father filing for succession certificate then you should sign.
Dear Madam,
Vakaltnama is a power of attorney authorising a vakil/advocate or any other legal person to proceed in the Court of Law on your behalf (during your pleasure/ faith)in the attorney so appointed.
once you have signed vakalatnama you are authorising advocate to appear on your behalf never sign on blank documents .
- A Vakalatnama is a document, by which the party filing the case , authorizes the Advocate to represent on their behalf.
- Hence, for filing any case,whether for getting Succession Certificate, one should give authorisation by way of signed Vakalatnama , to his lawyer to file the petition , and pursue the case for the same.
- Since, you are only daughter of your parent , hence it doesnot need a succession certificate, specially after the death of your mother.
- Further , the another wife of your father is not having any legal over the property/assets/amounts of your deceased mother.
- There is also possibility that your father legally wants to declared you the sole owner of the assets left by your mother, after giving his no objection before the court.
- Hence for getting a succession certificate , you should sign a vakalatnama.
- Further, only a signed vakalatnama is not enough to get court order, your presence is also mandatory as per law.
- Hence, when you will smell any foul play, then you have right to withdraw the said Vakalatnama legally.
Good luck and dont forget to rating Positively.
That I am his only daughter or sole successor --- Seems he is fooling you, for this can execute registered WILL. And SC dose not issue in such situation.
He is faking.