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Wife of deceased refuse to register the property in my name

Dear Sir/Madam,
I purchased plot of land along with a house thereon in 1985 and legal sale deed is properly executed in my favour but I failed to register the property in my name.And I am also in the possession of deeds for payment for full purchase consideration. The previous owner died 15 years ago but now the wife of deceased declined to register the property in my name as she is claiming that the property is theirs. Annually I am paying property tax in the name of deceased owner.

please help me of how I can legally claim the property

What is the course of action I need to initiate if the wife of deceased register the property in her name by giving death certificate of his husband to revenue authorities


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 7 Replies

Adv Deepak Joshi +917017821512 (Advocate)     22 May 2018

Cal me on 9456777600, it can’t figure out your matter.

Kumar Doab (FIN)     22 May 2018

Which personal law applies in your case?

Or is seller Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased left any valid WILL?

The property is in which state?

The said property was self acquired/earned in the hands of seller or ancestral?

Confirm!

Kumar Doab (FIN)     22 May 2018

 

“legal sale deed is properly executed in my favour”

If sale deed is legally valid then;

- what was left; say updation in mutation records?

-on what grounds wife of your deceased seller can approach revenue authorities?

 

Either the sale deed is not legally valid or registered or there are some other points that you need to clarify in query in this thread or you may approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record ….. and worth his/her salt …for help and guidance.

Kumar Doab (FIN)     22 May 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

You need to submit the legally valid sale deed to O/o Authority for updation in mutations records ASAP.

Chandrasekhar Reddy Kurapati   23 May 2018

seller is a Hindu
Said property is plot of land along with house on it in a village.
I am not sure of whether deceased has left any will.
the property is in andhra Pradesh.
the property was self acquired by deceased seller.

Asgher Mahdi (Advocate & Legal Advisor)     23 May 2018

The same may be done unless you hire the services of a lawyer.

Kumar Doab (FIN)     23 May 2018

You have reverted to some points/1 post and not all.

You may without hesitation submit the said legal sale deed to O/o Authority and press your claim for updation in mutations records.

Or if you the property is already mutated in your name based on said legal deed and possession is with you then refuse to give up on merits.

Meet the claim of wife of deceased on merits on your side.

If you are unable to handle on your own lean on your own very able counsel as already suggested.


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