Person missing in prior document
VTC
(Querist) 07 January 2014
This query is : Resolved
Sir,
I have purchased a plot from a person named Monish on 2007 in Kerala, he in turn had purchased this plot from a lady on 1996. On 1993, this plot was one amoung the six pieces of an ancestrial property divided by heirs.
During that time, in Partition document of 1993 it was mentioned that "one heir left very long time ago and was proclaimed dead(no heard of till date), hence his share divided amoung brothers and sisters"...
Now I want to sell this plot and buyer is pointing out this as a serious problem.
Please advice me how can I solve this problem..?
Adv.Aiyer VLV
(Expert) 07 January 2014
This is not serious. Legally dead is not having any right at your purchase time.
You are all having land for over 12 years and in open against him. You have good title and purchaser need not worry.
Rajendra K Goyal
(Expert) 07 January 2014
Agree it is not serious. You have good title on the property.
VTC
(Querist) 07 January 2014
Respected Sirs,
Thank you for your valuable advice...
But sir, as in Partition document of 1993 it is mentioned that "one heir left very long time ago and was proclaimed dead(no heard of till date), hence his share divided amoung brothers and sisters"...
Kindly clear my following doubts:
I have got no certificates certifing his legal death status... he not heard about till date... (ie. no claims from his side till date)
all the members at the time of patition are died of old age...
all other 5 pieces of patitioned plot are already sold 2 3 times and houses are build over them...
The legal Opinion from Buyer side says that Problem is very serious...
Kindly advice me how this problem can be solved legally?
Advocate. Arunagiri
(Expert) 07 January 2014
You say that the document itself says that the party is
"proclaimed dead"
in the above circumstances, there must be document to show proclaimed death. Search for it with other share holders of the same parent document / property.
VTC
(Querist) 07 January 2014
Respected Sir,
The document is infact written in Malayalam and i'm attaching the actual words written there;
"...ബാലൻ എന്നാൾ വളരെകാലം മുംബ് തന്നെ രാജ്യം വിട്ടുപോയി ഇപ്പോൾ മരണപെട്ടനിലയിൽ അദ്ദേഹത്തിൻറെ അവകാശം മേൽ പറഞ സഹോദരി സഹോദരന്മർകും."
Kindly advice me how this problem can be solved legally?
Rajendra K Goyal
(Expert) 08 January 2014
Any expert knowing Malayalam can opine.
VTC
(Querist) 08 January 2014
Respected Sirs,
Can any Experts knowing Malayalam can advice on above Problem please.
Devajyoti Barman
(Expert) 09 January 2014
hmmmmmm..
get in translated first and then post here.
