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OPPILAMANI G (ASST> COMMR)     21 October 2017

Ownership of properties on the death of a person without any will

My only brother who left our family in 1980 came to my native place on 25-3-201and stayed at his sister's house. He suddenly died on 10-4-2017at a Hospital due to severe pancreatic burst. After his death we came to understand he was living with one Malarkodi in 1980, with Sampathkumari from 1981 to 2002 and finally with Ramadevi from 2004.Details about the marriages whether were not known except a Registered Marriage Cancellation deed executed by my brother with Sampathkumari. When the last lady Ramadevi applied for Legal Heir ship certificate, the Tahsildar, Chengalpattu Taluk who is the competent authority under Law in Tamilnadu has rejected her request as he had lived with three ladies and directed her to approach the Civil Court in the matter and marked a copy of his proceedings to me as the only brother and II nd class Legal heir on 6-9-2017. Ramadevi has not approached the Court so far. She is threatening me that she has right on my ancestral properties even though late Jayaraman never looked and participated in the maintenance of his father, mother, sister and properties. She has been guided by the politicians not to sign any papers and not to approach court as we can't do any disposal of ancestral properties without her signature. Late Jayaraman has gifted a house building valued Rs.2 crores at Chennai besides 10 lacs cash in two banks and family pension. From 1980 I took steps to release the mortgages of the properties made by my father and took possession of all , but the Land Patta stands in my name and late Jayaraman. Day to day maintenance of the properties were being looked after by me alone as he never visited the place for more than 40 years. Kindly advice the course of action to be taken by me in this regard and to drive away Ramadevi.


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 2 Replies

Naishadh Vyas (Lawyer)     22 October 2017

There would be various situation but to my knowledge driving out ramadevi would be difficut unless its proved that she never stayed with the deceseased person or being a part of adultry.

 

OPPILAMANI G (ASST> COMMR)     22 October 2017

Sir, thanks for your opinion.After a prolonged battle, I have collected documents from the Registration Dept and Court. In the order dt 13-6-1990 in HMOP No.1026 of 1989, the Addl Pricipal Judge of the Addl Principal Family Court, Chennai has passed an exparte order and declared that the first Marriage between Jayaraman and S.Malarkodi,(first wife married in 1981) is dissolved under Sec 13(1)(i-b) of Hindu Marriage Act on the ground of desertion. As per the registered Doct.No.11 of 2001 registered in the Sub Registrar's office, Ambatore, Chennai on 4-1-2001, Jayaraman and Sampathkumari, a co worker of his office have executed a marriage cancellation deed in which they had declared that they had earlier married as per hindu Customs and lived as husband and wife from 1981 to 2001and they had no children. They have therefore decided to separate themselves as per the mediator's decision and therefore cancelled their earlier marriage without any awards, compensation. On the date of registration of the deed, Jayaraman was at the age of 48 and they have themselves accepted to marry other persons on  their  own accord. As per the deed, it is clearly evident that both of them had married in 1981 after sending out Malarkodi (first wife) without divorse, which has been termed by the Family Court in 1990 as desertion The question now arise is whether such a cancellation deed executed by Jayaraman with his second wife is valid before law. There is no legal separation as per law. It means that the marriage took place between Jayaraman and Sampathkumari is in force at that time of marriying another lady Ramadevi at her age of 38. More over She had come to Jayaraman without divorcing her first husband and she herself had accepted the fact before my relatives on 12-10-2017, after the death of Jayaraman that Jayaraman is her second husband.

As per the Ration card and voter list entries, Ramadevi was living with her mother at a dfferent place at Chennai with a name of RAMABAI. At her 38 th year, she had changed her name as Ramadevi and started living with Jayaraman from 2003.We are not sure till today that the marriage of Jayaraman with Ramadevi was performed stautorily or not.

The  main question to be clarified to me is whether the marriage of Ramadevi said to be taken place with Jayaraman in 2003 is valid as per law, in the absence of Legal separation order issued by the Court granting divorse between Jayaraman and Sampathkumari and whether the the marriage cancellation deed executed between them in 2001 alone is sufficient for marrying another lady.Will it not amount to bigamy punishable under IPC. 

If the marriage of ramadevi said to be taken place with Jayaraman is held to be invalid, Ramadevi will lost her right as his Wife and she can never get Legal Heir ship Certificate from the Tahsildar or competen Courts. Then automatically she cannot claim rights over the ancestral propertis at ariyalur.

Anothe question has also now arisen. Jayaraman before his death have executed a settlement deed in favour of Ramadevi in 2015 transferring One Ground of house site together with House building totally valued Rs1,00,00,000/- for which he has paid Rs,10,000/- as stamp duty treating her as kis wife. If it is held that Ramadevi cannot hold the status of "Wife" as defined in Law, the transfer made by Jayaraman has to be treated as conveyance for wich stamp duty at the rate of 13% has to be paid.Rs.13,00,000/-. In such case whether the settlement deed executed in 2015 with in sufficient stamp duty can be held as valid document?Steps to be taken by me in this regard may kindly be indicated.

 


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