Land possession - legal heir
Querist :
Anonymous
(Querist) 05 June 2024
This query is : Resolved
Sir ,
I have purchased land in 2021.the land was in name of Ramesh ( name changed ) . His father had acquired this property through legal heir certificate. And then after father died , mother had possessed land through legal heir certificate.
After this the mother had registered land in the name of his second son ( Dinesh /name changed ).
I had possed the land from Dinesh.
Now in 2024 , Ramesh wife comes and claims for possession of land and says the in laws had sold the land without her consent.
Does she have any rights ? On the land . Her name is not specified in legal heir certificate, can this certificate be changed?
Land ,patta ,approval all documents are in my name.
Does this affect my possession of land .
kavksatyanarayana
(Expert) 05 June 2024
Ramesh's father (name changed as you stated) acquired this property through a legal heir certificate but who were the legal heirs in that certificate? After father's death, who are the legal heirs to him?
Querist :
Anonymous
(Querist) 05 June 2024
Legal heir of Ramesh was the father . Only father name was mentioned in this certificate. Allah other fields in this document were blank
After his death ( Ramesh father death )Ramesh mother had acquired this property
T. Kalaiselvan, Advocate
(Expert) 05 June 2024
Firstly wife of Ramesh cannot claim a share in the proeprty as a right especially during the lifetime of Ramesh.
Secondly mother of Ramesh cannot transfer the entire property by executing a registered deed, she can do so only to the extent of her share in the property ( if there are any).
Thirdly you have not obtained a proper legal opinion before buying the property from the vendor whose title to the property is defective.
Fourthly, it appears taht yo have still not approached a local lawyer on proceeding against the wife of Ramesh to challenge her civil dispute pending in the court or it is not known if she had impleaded you as a party to the suit.
you may clarify the above details and revert for getting more opinions
T. Kalaiselvan, Advocate
(Expert) 05 June 2024
Your further information in the subsequent post is more confusing.
You do not even know what problem you are facing neither you are aware of the facts or background details, hence you may better consult a local lawyer with all the relevant papers to know the the legal position
Querist :
Anonymous
(Querist) 05 June 2024
Thank you for response,much appreciated for your quick reply
Sorry sir I missed few points in mentioning.
Ramesh died in 2017. His father had
acquired property through legal heir certificate.
Ramesh father died in 2020 and his mother had acquired this property.
After that mother had registered land in the name of second son ,Dinesh.we possessed the land from Dinesh in 2021.
We recieved complaint in 2024 from Ramesh wife,that she has authority over land.
Also as you have mentioned we are yet to consult a lawyer.
Querist :
Anonymous
(Querist) 05 June 2024
Thank you sir,much appreciated
T. Kalaiselvan, Advocate
(Expert) 05 June 2024
Father of Ramesh cannot be a legal heir to his son, hence the property inherited by him that belonged to his son as his legal heir itself is illegal and invalid.
The legal heirs of Ramesh is his wife, children and his mother alone.
The second point is that even if Ramesh's father had managed to obtain a legal heirship certificate fraudulently and inherited his son's property, upon his intestate death, his wife, all the children including the legal heirs of the decesed child/ren are entitled to an equal share in the properties left behind by the father of Ramesh. Mother of Ramesh cannot acquire the entire property in any capacity.
Now, the property that belonged to deceased proeprty shall devolve on the legal heirs of Ramesh consisting his children, wife and his mother equally.
Therefore the transfer of entire property by mother of Ramesh to her second son Dinesh is illegal and invalid.
Therefore your title to the proeprty is also defective since you have purchased the proeprty from the person having a defective title.
The claim made by wife of Ramesh towards her rightful share in the property is very much legally valid claim and the court will pass a decree and judgment in her favor insofar as her share in the property is concerned.
Now you may, after consulting a local lawyer, always be aware of the fact about the rightful claim of wife of Ramesh hence try to settle it on a compromise note instead of stretching an untenable legal dispute.
Querist :
Anonymous
(Querist) 05 June 2024
Thank you sir ,much appreciated
P. Venu
(Expert) 05 June 2024
What do you mean by "acquired through legal heir certificate"?
Do you mean to inform that entry has been made in the public/revenue records on the strength of the alleged legal heir certificate?
If so, who had issued the legal heir certificate?
