Hello, I own a agricultural land since year 2000. This was originally owned by person A who executed a will towards his wife in 1981. Post his death this was transferred to his wife and later sold to us in 2000. Now after her death in 2023 there is claims from their children that this person A their father died in 1980 itself and the will executed in 1981 is forged and hence the transaction is illegal. The local town village Panchayat issued a death certificate in 2023 and mentioned the death of a person A in 1980 The will is a registered document with person A's thumbprint in front of the sub registrar. My questions 1. They stated in their petition that UDR patta was issued to their father Person A. My understanding is UDR patta in hosur Tamil Nadu was issued in year 1985-86. So can this patta be issued to dead people? As they claim person A already died in 1980 so how can this person A get UDR patta in his name. 2. Regarding the death certificate issued by town village Panchayat office. There are several loopholes. I am sure the village Panchayat president and the VAO are colluding and had helped in issuing a death certificate after 43 years of a person's death. How can I challenge the validity of this death certificate? Can I petition a complaint with the DC to carry out a probe into this? What steps I can take to get the documentary evidence on basis of which a death certificate is registered after 43 years
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You can challenge validity of death certificate as A had registered will in favour of his wife in 1981 in sub registrar office
2) take the plea that death certificate is fabricated as dead person cannot execute registered will in 1981
3) patta cannot be issued to dead person
Dear Client,
It is imperative to address the contradiction regarding the issuance of UDR Patta in 1985–1986 in response to claims made by Person A's children that the land transaction that followed was illegal because Person A passed away in 1980. Furthermore, it is imperative to contest the legitimacy of the death certificate that was issued in 2023. Speak with an experienced attorney to learn about the legal process, register complaints with the appropriate authorities, and obtain proof to refute any claims of irregularities or collusion.
You are right that the UDR scheme commenced in the year 1985 in Tamilnadu, therefore it is not possible that the dead person would have applied for udr patta after his death.
This is a false and frivolous suit filed by the so called legal heirs only with intention to grab the property or to extort money as much as possible by creating false litigation.
The death certificate obtained now and the so called UDR records also can be challenged.
Before that you may have to confirm the status of the testator when the vendor sold you the property, i.e., when was the Will written, when did the original owner/propositus die and whether the vendor transferred the property to her name post death of the testator?
These information will be useful to you to handle the case properly.
The Panchayat President is not an authority to issue death certificate neither the VAO.
At this belated stage, the death certificate can be issued by the authorities competent or by a decree of declaration by court of law, hence it can be nullified when properly challenged.
Yes you can file the complaint as aforesaid
