koteshwar (Individual) 12 June 2012

Civil notice on registered sale deed - heirship issue.

Hi,

I bought a house from my Grandmother 4 months ago. She got that house as here (House was earnt by her Husband who wrote will to his Minor Son 25yrs ago & soon expired. Then Minor Son was missing soon). Now my Grandmother also expired. But her Daughter sent legal notice from civil judge to me & my father (my father not involved anywhere, in sale deed too). Does she have rights to file case? How should I face it? My lawyer says: Minor son's property comes to mother (does not come to brother/sisters) as he is missing for 20 yrs & she sold it; so no issues. Another lawyer says: house should be shared with Minor son's uncles, aunts equally. Which is correct?

Thank you.

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3 Replies

Advocate Vishnu (Advocate) 13 June 2012

your lawyer is right. The property reverts back to the son's mother on his presumed death. In this manner she becomes the absolute owner of the property and the sale made by her is a valid sale.

koteshwar (Individual) 13 June 2012

Thank you wish. Need a small clarity on this please: In the registered sale deed, did not mention how my grandmother got the house, but just wrote - "She got house in the arrangements prior to 1986". Nothing was mentioned about registered will, missing son. This led to missing link document and title seems not clear. How to make it a clear title? One lawyer says, she died hence correction deed is not possible, but another lawyer says, I need to prove. Her daughters approached civil court now. Will it be a problem? How can I gain safety, whom should I approach? Please advice. Thanks again..

s.k.Bharathmahan (advocate) 02 March 2013

sir, my client B part and agreed A part sale agreement last year, advance amount paid rs.200000/- balance amount paid 3 instalment but not issue sale deed

i am inform to A part Legal notice pls send us legal notice format

thanking you