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Sivasankar   10 March 2017

Fake death certificate and related issues in land

Hi all,

I need expert’s guidance here. Im planning to buy a land. It’s 3600 sqft land. Myself and my friend both are planning to divide the land equally and planning to buy it.

Land owner is a lady, she bought the land from layout promoters many years back and she expired in 2004 (70 years old). She had 2 sons and 1 daughter. Actually one builder is holding the paper and we are dealing with them. That builder found that death certificate produced by the daughter is a fake one.

Based on this fake death certificate, they got legal heir certificate (in the name of 3 of them) and then they got patta as well with all 3 names on it. Now I can see that all these documents are void.

Moreover I noticed in the legal heir certificate that daughter initial is different than father. Im confused a lot now and feel hesitate to move further..

Now my question is,

  1. What is the correct procedure they should follow to get all the documents correct and make them ready for sale?
  2. Why they bought fake death certificate? Is there any pitfall which I should check for it?
  3. How fake death certificate was not caught during the processing of legal heir certificate & patta processing?
  4. Is it possible to get patta name transfer without sale deed as they did in this case?
  5. As a buyer how can I ensure that, deceased lady didn’t write any will or not?
  6. Since it’s become ancestor property, their children will also get the portion of it.  So how to get clearance from them.
  7. At what time, I can think of dividing the land into 2

Thank in advance for the help..

 



Learning

 4 Replies

Kumar Doab (FIN)     10 March 2017

If any document is fake, then why to buy the property.

The property documents should be with owner (if alive) and/or family/legal heir of the owner ( if deceased).

Is builder holding original documents?

If yes; by which right/power?

 

“ Buyer Beware” applies to property deals.

If you are tempted due to any reason: then You may preferably go for proper legal opinion from local counsel specializing in property/civil matters.

Sivasankar   12 March 2017

Thanks for the reply..yes. we will definitely go for proper legal opinion..That builder hold that property, have original documents , didn't get any power or so..she paid some amount to one of the son and blocked this property. Should we ask him to get power and then we buy from him?? Is it safe? That son says that even they came to know about death certificate fake now only.. They ask someone to apply death certificate and they got it fake.. but i dont believe them..

Sivasankar   12 March 2017

Thanks for the reply..yes. we will definitely go for proper legal opinion..That builder hold that property, have original documents , didn't get any power or so..she paid some amount to one of the son and blocked this property. Should we ask him to get power and then we buy from him?? Is it safe? That son says that even they came to know about death certificate fake now only.. They ask someone to apply death certificate and they got it fake.. but i dont believe them..

Sivasankar   12 March 2017

Thanks for the reply..yes. we will definitely go for proper legal opinion..That builder hold that property, have original documents , didn't get any power or so..she paid some amount to one of the son and blocked this property. Should we ask him to get power and then we buy from him?? Is it safe? That son says that even they came to know about death certificate fake now only.. They ask someone to apply death certificate and they got it fake.. but i dont believe them..

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