Learned Sirs/Madams, I have purchased a plot from an individual (say X) during Dec.2013; That 'X' purchased the same plot during 2008 from a Power Agent (say Y) of three legal heirs (say A,B,C) of a person, named 'Z'. The Village Administrative Officer has issued a Legal Heir Certificate on 6.5.1993 in respect of Late"Z" in favour of A,B and C. The three legal heirs A, B, C have jointly executed a Power of Attorney on 6.1.1993 in favour of the Power Agent "Y" in respect of lands, including the plot now I own. The POA has been registered. Previous to this, a registered document dating back to 1973, showing the partitioning and inheritance of the property by late Z is also available. The Government Pleader, Govt. of Tamil Nadu, during Aug. 2005 has opined that the Power Agent "Y" has clear rights to dispose/ sale the lands on behalf of A, B and C. When "X" purchased the land in 2008, the Panel Advocate for State Bank of India has cleared the case and loan had been sanctioned to "X". Now, after repaying the loan to the SBI, "X" has sold the plot to me.
Patta is in the name of late "Z". Thereafter, no transfer of Patta has taken place either in favour of A,B,C, or Y or X.
When I approached the Village Administrative Officer for transfer of Patta to my name, he says that the legal heir certificate issued by the Village Administrative officer is not a valid one and only Tahsildars are competent to issue. He suggested for approaching the seller (in my case "X") for arranging legal heir certificate.
I apprehend that getting the legal heir certificate is not feasible as, upon my request, "X" will have to ask "Y" (Power Agent) and he in turn, will have to depend on the legal heirs.
Learned people may please guide me in this regard -- If the VAO's legal heir certificate dated 6.5.1993 was not a valid document, how the Govt.Pleader and the Panel Advocate for SBI cleared the case? Will there be any solution if I approach Tahsildar to issue Patta based on the available document?
Thanks.
Lekshmi
