Title document and partition
Muthusamy
(Querist) 12 October 2020
This query is : Resolved
Sir
I belong to a Hindu family from TamilNadu.I born during 1962.
This issue related to my mother’s father property.
My grandfather X purchased a land of 2 acres during 1935.
He sold a part of land during 1940 to pay the mortgage .He sold his self acquired property along with his Son signature which is not necessary though, as it is his self acquired property.My grandfather died intestate in 1957 leaving behind his wife(Y),Son(A),Daughter(B).
My Grandfather Son A died in 1958 leaving his wife(My aunt C) and daughter.
My Grandmother Y died intestate in 1966.
Im the son of my grandfather's Daughter B.
After the death of my Grandmother Y,the revenue record got mutation to my Aunt name.
The death of my grandfather,grandmother,uncle was not registered .
We were planning to approach court to obtain proper legal heirship certificates.
In the mean time 1 year before, my Aunt(Daughter in law of X) sold the land showing patta in her name as a title hiding the Title document which is in my Grandfather name.We came to know it during Jan2020 and we plan to file partition suit and pray to make the sales registration null and void.
My queries are as follow
1.Do my mother B can claim her share without legalheirship certificate?
2.My grandfather sold a piece of land mentioning his son name on sales deed in 1940.He ignored my mother’s name.Its his selfacquired property and he died intestate.Will it defers my mother B share ?
3.Do Revenue documents are accepted as title document?
4.My grandfather didn’t declared my mother and grandmother presence.He only declared his son presence during the sale in 1940 by mentioning him in sale deed.Do witness can be accepted in court?
Kindly clarify my doubts please.We were cheated by relatives deliberately.
kavksatyanarayana
(Expert) 12 October 2020
Obtain the death certificate of your grandfather and grandmother, but it is not easy as they died 63 years ago and 54 ago respectively. Your uncle also died. Your aunt might have obtained the death certificate of your grandfather & uncle and then sold the land. so contact the local advocate with details for guidance.
Muthusamy
(Querist) 12 October 2020
Sir
She haven't obtained any death certificate or legal heir certificates for both of them respectively .
Muthusamy
(Querist) 13 October 2020
sir
My aunt haven't got any death certificates for either my uncle or grandfather.
Even in sale deed she narrated that the land belong to her through revenue records
I got these information through RTI
Also im waiting for the mutation details of the revenue records.I approached revenue officials through RTI
SHIRISH PAWAR, 7738990900
(Expert) 13 October 2020
Hello,
Your grandfather is competent to sell the self-acquired property as per his wish. Your mother will not have any share in the self-acquired property of your grandfather.
Muthusamy
(Querist) 13 October 2020
Sir
Yes sir
But after the death of my grandfather intestate my mother also becoming one of legal heir right?
Rajendra K Goyal
(Expert) 13 October 2020
As the case is old enough, property law is state matter, it would be better to show all related documents to local lawyer and discuss in detail.
P. Venu
(Expert) 13 October 2020
Your mother is a joint-holder of the property, if any, of the grandfather left intestate. The property , admittedly, was self acquired. Hence, sale during his lifetime was valid.
However, the property left intestate was jointly vested with your mother, her brother and mother. On the mother's death, her property left intestate is jointly vested with your mother and legal heirs of her late brother.
Thus the situation is that your mother is a joint holder. She can file a suit for partition. In this context, mutation in revenue records is of no consequence. your aunt had title only to part of the property and she could execute conveyance only for the share vested with her.
Muthusamy
(Querist) 14 October 2020
Ok sir
Thanks for reading my facts and giving a clear reply
It will be useful for my case...
Muthusamy
(Querist) 14 October 2020
Sir
My mother got married in 1954 which is before hindu succession act.
As she got married before it does she loose her share in her father intestate property or in her mothers intestate property.
P. Venu
(Expert) 14 October 2020
Your mother's marriage has no relevance. She continues to be the legal heir.
Muthusamy
(Querist) 20 December 2020
Sir
My mother as well as my uncle family don't have death or legal heir certificates for my grandfather. My uncle wife got revenue records in her name during resurvey.My uncle family deliberately hided the title document and made registration with patta and certificate from VAO.We have collected information through RTI from the district registar and got answer that patta cannot be a title document .
My doubt is if my uncle family didn't accept my mother as legal heir and if they deliberately lie in court how to manage?
Our relatives are ready to give oral evidences in court that we both are legal heirs of my grandfather.
Do oral evidences or witness are accepted in court?
Kindly experts please guide me.We consulted local lawyers and they were confident that the oral witness given by relatives will be enough.
T. Kalaiselvan, Advocate
(Expert) 09 June 2021
1. Your mother being one of the legal heirs to her decesed father, is entitled to a rightful share in the proeprty,m hence she can very well file a suit for partition even without a legal heirship certificate.
2. Your mother cannot claim any share in the proeprty that was already sold by her father during his lifetime.
3. Revenue records/documents are not considered as title documents.
4. Why do you want to reopen the issue of the proeprty that was sold in the year 1940, your mother cnnot claim any share in the property sold by your grandfather during his lifetime.
T. Kalaiselvan, Advocate
(Expert) 09 June 2021
To your subsequent query:
Your aunt cannot deny the relationship between your mother and her father and cannot state that she is not a legal heir of your grandfather.
Your mother has the school certificate or any other document to prove that she is the daughter of the grandfather.
You may obtain the certified copy of the registered document and get the patta document nullified since it was obtained fraudulently by your aunt in the court of law.
