Civil Procedure Code (CPC)

The issue regarding the legal role/part of a husband

This query is : Resolved 

Online (Querist)
20 July 2017

Dear Experts / Peers,


This is regarding an issue arised during the document verification prior to a property deal in Kerala.

I wish to purchase a land (aprx 11 cents) and it is presently owned by a female (Name: Valli, widow, 84 yrs old). She is presently staying with one of her sons. She has 4 sons and a daughter. The existing doc last registered specifying/indicating that the above land has been bought by Mrs. Valli and her mother Kamalam in 1973. (I mean the deal has been registered in the registered office in 1973). And in 1998 Ms.Kamalam died and the property been owned by her only daughter Ms.Valli. Now after keeping 44 years, Ms.Vallu wish to sell this property and we have decided to purchase the same.

They (seller) have the following docs:
Original 1973 bought/registration doc along with prior docs (adiyadharams) of1972,1971, 1960 etc.
Original Pattayam issued to Valli in 2016
2017-18 year tax paid receipts with EC and a possesion certificate obtained after paying the tax.
BTR copy
Death certificate of Kamalam (in the death certificate, her husband's name column has not been filled and recorded as: Name Not recorded)
No legal heirship certificate found but the local tahsildar/village officer given a certificate of relationship to Valli mentioned as she is the only daughter of Kamalam.

Do we required any other docs for purchasing this land? And Late Gopalan Menon (or any docs related with him) is having any role here? Because a local doc writer informed me that even though Gopalan Menon has been died in 1951 (before his wife buying this property), there should be some authentified confirmation about his death and his share if any with Mrs. Kamalam (his wife). I could not understand this Do you have any advice on this matter whether further thorough verifications required or docs to be obtained to avoid any future complications to me AFTER Registration/buying this property.
Please provide me your advice, if possible
Thanks in advance

gkOnline (Querist)
25 July 2017

Dear Sir,
I hope better to clarify as follows:
The latest available registered document (registered in 1973) is indicating that both mother(Kamalam) & daughter Valli are the owners of the land, mother died in 1998. So whether after mothers death, the ownership will be legally changed/mutated to Valli without any documental registration (or will etc.)? As I mentioned, no documents available with reference to her father (Kamalam''s husband) who died in 1951. I hope that the info above are clear.
Thanks, Regards

krishna mohanOnline (Expert)
26 July 2017

You can ask them to have the document transferred in the name of the present seller (valli) based on the legal heir certificate if necessary with the help of legal expert who will be drafting the sale deed. After ensuring that in the revenue records it is advisable to proceed so that the requirement of her husband etc., will be addressed by the revenue authorities.

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