buying a plot. -need clarification
Querist :
Anonymous
(Querist) 11 December 2010
This query is : Resolved
I am planning to buy approved plot.
The present seller sale deed is perfectly ok.
The present seller has obtained from previous owners. one owner is vimala + and other owner is her father-in-law.
Actual property was purchased by vimala's husband who was died and hence automatically vimala and her father-in law became legal heir and hence they became owners.
But since her father-in-law was old at 90+, so that previous owner vimala obtained a GPA-notary signed from her father in law .
Is this title clear? or GPA-Notary signed is a problem ?
However, the present owner has all sale deed, patta everything in order.
A V Vishal
(Expert) 11 December 2010
In your query it is unclear whether Vimala had any children, further, it is unclear whether the mother in law of Vimala was alive, since Vimala, her children and her mother in law are Class I heirs and Vimala's FIL is a Class II heir. All the Class I heirs take share equally and Simultaneously excluding all the other heirs.
Further it is unclear as to why the GPA was executed, in my personal opinion a notarised GPA is invalid if it is for alienation of the property.
The legal heirs of Vimala may claim the property in future.
Querist :
Anonymous
(Querist) 11 December 2010
Sir,
Sorry for that confusion.
Actually Vimala does not have any issue and only wife. Vimala mother in law was no more and died before vimala's husband death. so legal hier certificate shows only Vimala's name and her father in law name.
Vimala father-in law was old 90+ at that time and since her father in law could not come to register office due to age factor, he had given notarized GPA.
A V Vishal
(Expert) 11 December 2010
Are there any other legal heirs of the FIL
Raj Kumar Makkad
(Expert) 11 December 2010
Vimla's father-in-law is not 1st class heir of her husband and thus he cannot inherit the property of his deceased son hence legally Vimla is the only legal heir of the property left by her deceased husband so no question arises to get any GPA from her father-in-law. Vimla is exclusive and the only owner of hte property left by her husband.
A V Vishal
(Expert) 11 December 2010
Mr Makkad
The question here is not whether Vimala FIL is eligible to share property or not, the sale deed executed to the present owner who is alienating the property carries both the names. If that was so there was no necessity for Vimala to jointly own the property along with her FIL
Querist :
Anonymous
(Querist) 11 December 2010
Sir,
thank you for your replies sir Makkad and Vishal.
The plot is tamil nadu. does the legal heirship +registration act changes accoding to states. legal heir certificate shows both Vimala's name and father-in laws name and hence both executed sale deed.
Since vimla's father in law is 90+ age and hence could not come to registrar office, vimala obtained notarized GPA to sell that property.
thank you and appreciate for your clarification
A V Vishal
(Expert) 11 December 2010
Legal heirship certificate's are issued to the kin of the deceased to claim certain benefits arising out of death. Further rules change from state to state regarding issue of LH certificate, unti some years back it was issued to everyone in the state of AP but now it is issued only to the LH of government employees to claim pensionary and other benefits payable to the deceased employees family. The registration act is a central act and is uniform throughout India except J & K.
A Legal Heirship Certificate assumes importance only in a scenario where there is absolutely no dispute regarding the persons entitled to succeed to the estate of a deceased person. It cannot be relied on to establish title of any kind. It is not final and binding. Any person who believes that he too is a legal heir, will always be entitled to ignore such Legal Heirship Certificate and institute appropriate proceedings before a competent court.
The court which is called upon to adjudicate in such proceedings will disregard the Legal Heirship Certificate and will decide the matter on the basis of direct evidence laid before it.
A person who relies on a Legal Heirship Certificate can therefore do so if he is reasonably certain that there are no disputes between the parties who assert claims to the estate of the deceased.
Uma parameswaran
(Expert) 12 December 2010
I am also supporting Expert . Vishal.
SAANJAAY GUPTAA
(Expert) 12 December 2010
Title is clear, if FIL is 90 and cant go to Registration Office then get registered at your place on commission by paying the requisite fee to Registration Office.
s.subramanian
(Expert) 12 December 2010
Title is clear.You can proceed.
