Widow's claim on deceased husband's property after remarriage to another person
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
A was head of a family. B is his wife. C is his younger brother. Father & mother are no more. All inherited property was given to A to facilitate clear all his debts with C not claiming any share. A had purchased one site in 1993 from a housing society which had 10 years lease period. Because of debt A sold the site to C for a consideration in 1995 and A gave GPA, SALE AGREEMENT and AFFIDAVIT to C as site could not be registered during the lease period.
'A' died suddenly due to heart attack in 2004 at young age. Since A was own brother and very honest person C did not like to force brother to register the site immediately after lease period and instead was waiting for brother to become healthy (acute diabetic) for getting the site registered.
Now B took all the inherited property in her name after A’s death. B knows that A has sold site to C but did not know that site has not been registered. A and her two sons (then minor & now major) have signed as consenting witness to the sale agreement. In 2005 C got remarried secretly to another person from different caste immediately after one year and living with him and two major sons. Marriage is registered in a sub-registrar office.
When C revealed B that site could not be registered in 2008 and requested her co-operation for registration, C got the idea to take the property in her name. She immediately (June2008) got the Municipality records changed to her name by submitting death certificate and claiming the property as widow. (but she is remarried in 2005 ).
C is in possession of all original documents and has been paying the municipality taxes from 1994 to date. B could not register the site in her name, as she does not have the original documents. The site is vacant and nobody is physically possessing.
How B can get the site registered in his name. Please anyone can help for this case at Bangalore ? Please send me contact details. Thanks. PISSAY
R.Ramachandran
(Expert) 26 April 2011
Dear Anonymous,
I distinctly remember that you posted the same query some time back which was answered.
Nevertheless, let me answer again.
Your sister-in-law and her son(s) through your deceased brother, being legal heirs would have their rights established immediately on the death of your brother in the year 2004 itself. Therefore, her subsequent marriage to any other person, whether immediately, or after one year etc., will not make any difference to this legal position.
If the property was self-acquired by your deceased brother, then he is competent to enter into the sale agreement and there is no need for any Consenting Witnesses. In any case, since you have not got the Sale Deed registered for whatever reason, you cannot lay any claim over the property on the basis of such an unregistered sale deed.
HOWEVER, YOU CAN CERTAINLY CLAIM ADVERSE POSSESSION. In case your sister-in-law tries to bring a suit, you can defend the same by showing the unregistered sale deed in your favour. (For the purpose of collateral evidence / defence, the unregistered sale deed will be admissible).
So, you have to ensure that the property continues to be in your possession.
Guest
(Expert) 26 April 2011
Please go by Ramachandran's advice.
