Legal issue on husband's share - proerty bought after death

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Originally posted by : gk
	Dear Experts / Peers, Namasthe! 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 the above land has been boght by Mrs. Valli's mother Kamalam in 1973. Mrs.Valli in 2016. Vallis father (Mrs. Kamalam's husband) name is Gopalan Menon. They have the following docs: Original 1973 bought/registration doc along with prior docs (adiyadharams) of 72,71, 60 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 been filled as: 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 Regards Krishnan

You have not posted which personal law applies in this case e.g; Hindu.

Obtain Death certificate, legal heir certificate.

“The existing doc last registered specifying/indicating the above land has been boght by Mrs. Valli's mother Kamalam in 1973. Mrs.Valli in 2016.”

It is not clear.

What exactly do you mean from, it?

Dear Kumar Sir,

First of all my sincere thanks to you for prompt reply after reviewing my query.

1. Yes, it is as per Hindu legal laws/ norms - for the property

2. The existing doc last registered means, the 1973 registered document indicating that Ms. Kamalam & Valli are the buyers which has been registered/recorded in the register office. After they have been bought in 1973, after 44 years Ms.Valli is now decided to sell this property.

3. Other relevant informations are:   We have the copy of the death certificate of Ms.Kamalam (died in 1998) but we do not have any info/docs related with her husband (Gopalan Menon) - neither his name has been mentioned anywhere nor any documents found with his name mentioned / referred - including his death certificate.etc. In the death certificate of Ms.Kamalam, her husband's name column been filled blank (not recorded )

I have already contacted 2 local consultants (one of them is sellers consultant) but both of them have different opinions - first one informed that since husband died in 1951, there is nothing to be bothered on this part. The second one insisted that a document is necessary to re-confirm the part/role or at least status of her husband - whether he is alive or not.

In this situation of ambiguity, I just tried to have your valued opinios through this forum.

I hope the above info is much more clear (some cut and paste accidently been happened in the initial post, during the copying, sorry for the inconvenience)

Thanks a lot for your valuable support sir.

Regards

Krishnan 

You should engage your own counsel and may avoid blindly following seller's advocate........

He/she is not acting as worthy advocate worth his/her salt.

As already suggested proper legal opinion  may cost you some FEE but shall defend your long term interest...............

Inquire locally and proceed for proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

 

Succession opens on date of death.

ClassI Legal heirs have 1st and equal right. They can relinquish/gift/sell etc etc  their rights by a valid/registered deed.

Your own counsel can point defects in documents, title and remedy (If any) whatever is possible.

If there is no dispute amongst legal heirs, remedy might be possible. 

If title is defective don't buy.

Dear Kumar Sir,

Surely I will be followed your instructions as above. I am very much grateful to you for sparing your valuable time to read my query (surely its a long one I know, sorry) and providing valuable advices prior to take a decision for a deal.

Thanking you,

with Best Regards

Krishnan

You are welcome.

Dear LCI Querist@ gk,

The above are suggestions and not instructions.

Noted the same Kumar Sir, Surely agreed with thanks.

Regards

Krishnan