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Ganesh K   13 April 2024

Concern with gifted property

I am from Karnataka. My uncle had two marriage. First marriage he got divorced. He had 3 kids with first wife. The second wife is my aunt. My father's sister. She had no children. When my uncle died we had asked his kids from first marriage to come for cremation. But they didn't come. So we only cremeted. My uncle had a hous in his name where he lived. After my uncle died in 2020, we got the legal heir document in which only my aunt name was there. Subsequently that property transferred to my aunt  with due procedure. In 2021 my aunt gifted me the property. We executed giftdeed in sub registrar office. My aunt died in 2022. Now I have gifted that property to my wife. We want to construct a new house there but I am scared what if the my uncles children from his first marriage come later and cause problem. Is my concern correct? What should I do now? 


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     13 April 2024

As per law the children out of his first marriage are entitled to  share in the properties left behind by your uncle who is reported to have died interstate.

Therefore you may better get the gift deed ratified by them by executing a registered raticification deed in your favor by all those children of your deceased uncle to protect your interests in the property.

Ganesh K   13 April 2024

Thank you for your response sir. Problem is that the childrens of my uncle are not in contact with anyone. So we don't their whereabouts. Is it very risky if I construct a house there. Will I get any settlement option in court if they come in the future?

T. Kalaiselvan, Advocate (Advocate)     13 April 2024

It is not advisable to proceed with your program for construction without complying with the procedures of law.

You may face problem when they emerge with a claim for their rightful share in the future.

kavksatyanarayana (subregistrar/supdt.(retired))     13 April 2024

When you applied for a Legal Heir Certificate, did you mention your uncle's children(whether they were born through 1st wife or 2nd wife)?  Now you have to give legal notice to them through the Newspaper regarding their father's property and let them come with any objections in the matter.

Ganesh K   14 April 2024

No. We didn't include their name while applying for legal heir certificate. Should we go to court now and start initiating news paper add to see if there is any objections?

T. Kalaiselvan, Advocate (Advocate)     15 April 2024

You have been advised about the legal procedures. now it is up to you whether to follow the legal route or proceed under misguidance to illegal act 

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