What is the role of a real estate attorney in partition of property?

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Dear Client, In testamentary succession, Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. The executor of the will is required to file a petition and the original will to the competent Civil Court/District Court having territorial and pecuniary jurisdiction over the suit property for a grant of probate. In the petition, the executor has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public. If there are no objections, then the Court grants the Probate/LOA to the executor who distributes the property to the beneficiaries as per the wishes expressed by the deceased owner in his Will. In the given situation, you may consult with an experienced Advocate who may guide you with tailored advice and steps.

Dear Client, In testamentary succession, Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. The executor of the will is required to file a petition and the original will to the competent Civil Court/District Court having territorial and pecuniary jurisdiction over the suit property for a grant of probate. In the petition, the executor has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public. If there are no objections, then the Court grants the Probate/LOA to the executor who distributes the property to the beneficiaries as per the wishes expressed by the deceased owner in his Will. In the given situation, you may consult with an experienced Advocate who may guide you with tailored advice and steps.

Dear Client, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an investigation, as well as the measures to be taken. According to Section 2(n) of the Act, sexual harassment includes the following unwelcome acts: Sexual advances and physical contact, A request or demand for sexual favours., Making sexually charged remarks. Displaying pornography or any other unwanted sexual physical, verbal, or nonverbal conduct. The accusation must be filed “within 3 months from the date of the episode,” to the IIC (Internal Inquiry Committee) according to the Act. The IIC has two options: file a police report or file charges that must be accomplished within ninety days. In aspects of summoning and inquiring individuals under pledge, as well as trying to order the discovery and development of records, the IIC has civil-court-like power and authority. Within ten days of the inspection’s execution, the ICC must give the firm a paper detailing its findings. The report is available to both stakeholders. According to the legislation, the legitimacy of the lady, the accused, and any eyewitnesses, as well as any relevant information on the investigation, proposal, and action taken, is not to be publicly disclosed. When the investigation is finished, the IIC must provide the employer with a report on its findings within 10 days. Both parties are also given access to the report. If the allegations of sexual harassment are proven, the IIC advises the employer to take action “in accordance with the provisions of the company’s service rules.” Compensation is determined by five factors: the woman’s suffering and emotional distress; her loss of career opportunity; her medical expenses; the respondent’s income and financial status; and the feasibility of such payment. Following the recommendations, the aggrieved woman or respondent has 90 days to file an appeal in court. Section 14 of the Act addresses the penalties for filing a false or malicious complaint and providing false evidence. In this case, the IIC “may recommend” to the employer that action be taken against the woman or the person who filed the complaint “in accordance with the provisions of the service rules.” In the given situation, you may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. A forced resignation can be termed an illegal termination if the employee proves her complaint of sexual harassment and toxic working environment with cogent evidence that forced her to tender resignation. Termination or dismissal other than a disciplinary action for proven misconduct amounts to illegal termination/retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute before the concerned Labour Commissioner for redressal of the complaint failing which she can approach directly before the Industrial Tribunal/Labor Court concerned for adjudication provided you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team or avail of our paid consultation service to navigate the issue in the right way.

Dear Sir, Your questions cannot be answered by any other Advocate rather than local advocate who knows local laws and you must surrender for personal discussions to get clear legal answers otherwise you may be misled.