Property claim - stating death & legal heir certificate fake
Ramesh
(Querist) 23 February 2018
This query is : Open
Dear Respected Experts,
I am into a situation and need your kind advice.
I bought a property a month ago from seller (Say 'A') through loan from a reputed Bank. Flow of the property as per EC, all registered in Registrar office.
1981 - Person 'X' (Father of 'A') purchased the property from someone
1990 - Person 'X' did gift deed the property to his wife Person 'Y'. Person 'Y' also has the Patta in her name.
2005 - Person 'Y' has passed away leaving his husband(Person 'X') and 2 children(Person 'A' and Person 'B') as legal heirs. [Death Certificate and Legal Heir certificate is present]
2008 - Person 'X' also passed away leaving his 2 children(Person 'A' and Person 'B') as legal heirs. ( New legal heir certificate is available)
2010 - Person 'B' gave away her 50% of the share to Person 'A', thus making Person 'A' as sole owner of the property (Registered in registrar office). Person B's husband has also signed as witness for this sale deed.
the property was in posession of Person A for the last 8 years and he has been in living in that house with his family. He has paid property tax and also has Patta and Chitta changed to his name.
In between , he also pledged the house in the finance company and restored it back.
2018 - Person A sold the property to me through bank loan and has vacated the house.
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Now the problem is, Person 'B' (Sister of Person 'A') claiming that she did not handover the property in a conscious mind. It was done when she was not in good health.
Also saying that HER MOTHER 'PERSON Y'IS NOT DEAD YET and SHE IS ALIVE.and then they have one more brother.
but none of them have come to us yet.
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Could you please guide me what should i do next? I am so much disappointed, even after getting everything verified with the bank.
Thanks
Kumar Doab
(Expert) 23 February 2018
Which personal law applies in this case say; Hindu?
Are all Hindu?
Has the lady (said sister) stated in writing or verbally?
Is deceased mother indeed alive?
kavksatyanarayana
(Expert) 23 February 2018
You have verified all the documents and EC. you stated A's father and mother expired and legal certificates obtained separately. B has relinquished her right in the property. a reputed Bank granted loan. so consult an able counsel having well knowledge in civil/revenue/property matters with the material you have then he will guide you and file a case if necessary.
Ramesh
(Querist) 23 February 2018
@Kumar Doab Sir,
Thanks for your time and reply. Yes, we all are Hindu. She has told us verbally during the tough conversation and stated that she would produce her mother for the case. If this happens, what should I do? Do I still have some rights left here as they have managed to secure original docs in a wrong way.(i.e death certificate and legal heir)
@kavksatyanaranaraya Sir,
Thanks for your time and reply. Indeed, I will do. I raised this matter in the forum to take all your kind advice before proceeding with the next steps.
I will be a serious victim if their mother is alive. So I would like to know, what are my rights, what can I do to save myself from this?
Thanks.
P. Venu
(Expert) 24 February 2018
From the facts stated, you are a bonafide purchaser. The Law protects your interests. If the lady's story has an element of truth (which appears unlikely, may be she is still not in 'good health') her remedy lies against her brother, not you. There is no need for you to entertain her.
Dr J C Vashista
(Expert) 26 February 2018
Consult a local lawyer for such a long story, if you are seeking obligation of experts FREE OF COST) you should have been brief and precise in your query.
Ramesh
(Querist) 26 February 2018
@ P.Venu Sir,
Thanks for your reply. This gives me little peace.
@Dr J C Vashista Sir,
Thanks a lot for your time and reply. I complete agree with your point. At this point, I am bit directionless. I am waiting for them to send me legal notice or lodge a formal police complain against me(for this house) to take the next steps. In the meanwhile, I would like to take all your advice to understand what my rights are, how to plan the next steps etc.. At a point, I need to appoint a lawyer to defend my case.
My question in precise,
1. If the mother comes back and claim the property, what should I do?
2. Should I wait for them to initiate legal action or I ll take a step myself and initiate it with the bank and the local police?
3. If the case goes to court, what my rights are? Will i be asked to leave the property and will the court ask the seller to settle me off? I think, this will be a long route.
Thanks,
