• Can I claim my father's property as his legal heir after his death

QUESTION NO 1.
I am Suriti Hariteja aged 24. I would like to seek your advice regarding an issue. My father Suriti Ramulu expired on 12th March 2008 (at that time I was 15 years old). During his lifetime, my father purchased some agricultural land on his name. The land details are as follows: 
a) Sy. No: 743/U, Extent of Two acres Thirty Two Guntas. (2 Acres - 32 Guntas). 
b) Sy. No: 743/E, Extent of Two Acres Twenty Seven Guntas. (2 Acres - 27 Guntas).
c) Sy. No: 22, extent of One Acre Twenty Two Guntas. (1 Acre -22 Guntas).
d) Sy. No: 744/A, 744/AA, 746, 746/AA, Extent of Eight Acre. (8 Acres).

Now I (Suriti Hariteja) have my father's Land Passbook Xerox Copy and some Original Land Sale Deeds and Some Xerox Copies of Land Sale Deeds which were purchased by my father (Suriti Ramulu).

After my father's (Suriti Ramulu) death on 12-03-2008, My mother (Suriti Sarala) transferred my father's property into her name by filing an application in MRO Office on 19-04-2008, stating that she was my father's only legal heir and obtained a Land Passbook and titled  in my mother's name in which all the property of my father got transferred into my mother's name under VIRASAT, i.e (as Suriti Ramulu only legal heir).

After getting my father's property transferred to my mother's (Suriti Sarala) name on 19-04-2008, she sold all the land to some members through a Registered Sale Deed. The following are the land details of the registered sale deed sold by my mother: 

i) Sy. No: 743/U, Extent of two acres Thirty Two Guntas. (2 Acres - 32 Guntas). 
    Executants - Suriti Sarala, Claimant -  S. Veeranna.

My mother Suriti Sarala sold this land to S. Veeranna through a registered sale deed.
Now S. Veeranna made illegal plots on that land without NALA permission from the Government. He  took the layout plan permission from the Gram Panchayat. He just sold this land to several members by making several plots with just the permission of Local Village Sarpanch and Village Secretary i.e Gram Panchayat of Village. (He even did not pay any challan to the Government for converting the land into non agricultural land while selling the plots in the land). He sold this land to several members as several plots were made in this land in the year 2008 - 2009.  

 But presently till date this land is in my mother's ROR.

ii) Sy. No: 743/E, Extent of Two Acres Twenty Seven Guntas. (2 Acres - 27 Guntas).
       
   Executants - Suriti Sarala,    Claimant -  M. Laxmi. 

After some months, M. Laxmi sold the same land to S. Veeranna. 
Now S. Veeranna made illegal plots on that land without NALA permission from the Government. He took the layout plan permission from the Gram Panchayat. He just sold this land to several members by making several plots with just the permission of Local Village Sarpanch and Village Secretary i.e Gram Panchayat of the Village. (He even did not pay any challan to the Government for converting the land into non agricultural land while selling the plots in the land). He sold this land to several members as several plots were made in this land in the year 2008 - 2009. 
But presently till date this land is in my mother's ROR.

iii) Similarly in Sy. No: 22, extent of One Acre Twenty Two Guntas. (1 Acre -22 Guntas).

My mother (Suriti Sarala) made illegal plots on that land without NALA permission from the Government. She took the layout plan permission from the Gram Panchayat. She just sold this land to several members by making several plots with just the permission of local Village Sarpanch and Village Secretary i.e Gram Panchayat of the Village. (She even did not pay any challan to the Government for converting the land into non agricultural land while selling the plots in the land). She sold this land to 18 members as 18 plots were made in this land in the year 2008 - 2009.

iv) Similarly in Sy. No: 744/A, 744/AA, 746, 746/AA, Extent of Eight Acres. (8 Acres).

Of the total Eight Acres land, Three Acres land was sold to B. Satyamma by my mother (Suriti Sarala)
.
Another Three Acres land was sold to B. Padmamma by my mother, Suriti Sarala and the remaining Two Acres land was sold to S. Veeranna (This entire 8 Acres land was also my father's self owned property).   

This property was sold by my mother (Suriti Sarala) in the year 2008.

*****

My mother (Suriti Sarala), expired on 11-12-2014. 

Now, I (Suriti Hariteja) and my elder sister (Suriti Sarika) are the legal heirs of my mother (Suriti Sarala). I (Suriti Hariteja) and my sister (Suriti Sarika) have partitioned the remaining property which is self owned property of my mother (Suriti Sarala) as we are her only legal heirs.

Here are a few questions I would like to get the answers for: 

1) After my father's (Suriti Ramulu) death, can I (Suriti Hariteja) and my sister (Suriti Sariika) also be eligible as the legal heirs of the property (owned by my father) including my mother (Suriti Sarala) / will only my mother (Suriti Sarala) be the legal heir of my father's property?

2) After my father's death, if we (Suriti Hariteja and Suriti Sarika) are eligible as legal heirs of my father's property, can we now claim our share in the above mentioned lands/properties sold by my mother (Suriti Sarala) without our consent?

3) If we are eligible to claim our  (Suriti Hariteja and Suriti Sarika) share in the above mentioned sold  lands/properties by my mother (Suriti Sarala), can we (Suriti Hariteja and Suriti Sarika) now send a legal notice to the purchasers of the property to claim our share in the sold lands or properties? Or is there any other option to claim our (Suriti Hariteja and Suriti Sarika) share in the sold lands or properties?

4) Does the Gram Pranchayat of the Village (Sarpanch and Secretary of the Village) have the power to grant permission to the village people for converting Agricultural land of the village into plots by giving layout permission of the plots without paying the NALA challan to the Government?

 ___________________________________________________________________________

QUESTION NO 2.

My father (Suriti Ramulu) expired on 12-03-2008. During his lifetime, he was sanctioned a Single Bedroom Flat  in Mahabubnagar by the Government of Andhra Pradesh, under Rajiv Gruha Kalpa scheme in 2007. This flat was sanctioned by the Government to my father under a bank loan for a tenure of two years (my father should clear the sanctioned loan amount every month as fixed EMI within two years or so). After the unexpected death of my father on 12-03-2008, the loan account was transferred to my mother's (Suriti Sarala) name. My mother paid and cleared the remaining amount of the loan in the bank in the process of monthly EMI. At the time of payment of the last two EMI's of the loan, as she (my mother) was busy and a lonely lady at home, she handed over the amount of the two EMI's to my uncle i.e my mother's younger brother named Ashok to do the payment in the bank. But my uncle Ashok kept the paid bank vouchers of the last two EMI's payments of the loan, with himself as HE deposited that money into my mother's loan account .

My mother (Suriti Sarala) expired on 11-12-2014. Before her death the loan amount of the Flat was cleared off. After my mother's death, I Suriti Hariteja went to my uncle (Ashok) and asked the details of the said flat and its location as I was not aware of it. My uncle Ashok took my (Suriti Hariteja) signature on a blank paper stating that at that time the flat was in my mother's (Suriti  Sarala) name and with this signature he would get the flat transferred to my (Suriti Hariteja) name as my mother is no more. 

But, two months back, when I went to my uncle's (Ashok) place and asked for the status of the flat, unfortunately I was surprised by his answer. He (Ashok) stated that my mother (Suriti Sarala) already sold the flat to him on 02-06-2014, by showing the last two EMI's paid bank vouchers of the loan account stating that he himself has paid the loan after buying the flat from my mother. He (Ashok) created a false and fake NOTARY DOCUMENT regarding the flat and showed it to me. 
He cleverly attached my signed document and managed to show that I (Suriti Hariteja) am the witness of the fake notary document. He also forged my mother's (Suriti Sarala) signature on that notary document and fortunately it can be easily identified that my mother's signature was forged. IT IS NOT A REGISTERED SALE DEED DOCUMENT. It is just a document of two white papers with an agreement stating that my mother (Suriti Sarala) sold that flat for Rs. 1,50,000 to Ashok and that document is notarized by a local notary.
After my mother's (Suriti Sarala)  death on 11-12-2014, me (Suriti Hariteja), Single and my sister (Suriti Sarika), married, partitioned our parents properties as we are the only legal heirs and did a Registered Partitioned Deed.
In that registered partitioned deed, the flat of Rajiv Gruha Kalpa comes under my (Suriti Hariteja) share.

I, Hariteja went to my uncle, Ashok's place, showed him the partitioned deed and asked him to vacate the flat. He answered that my mother (Suriti Sarala) sold that flat for Rs. 1,50,000 to him and he then sold the flat to a third party Mr. Mallayya for Rs. 5,00,000. Mr. Mallayya now occupied this flat. I went to Mr. Mallaya, showed him the partitioned deed and asked him to vacate the flat. Surprisingly, he too showed me the notary papers in which the sale agreement of the flat was made between Ashok and Mallayya. That was also not a registered document, it is just notary papers.

                                                                         ****

Now I would now like to know answers for few questions:

1) Now can I (Suriti Hariteja) claim the flat, as I have a registered partitioned deed and this flat comes under my share?

2) Is my registered partitioned deed document valid in which this flat comes under my share? 

3) Can I (Suriti Hariteja ) file a forgery or cheating case on my uncle, Ashok?

4) How can I (Suriti Hariteja ) take the possession of this flat and occupy it?

5) Are the bank receipts that my uncle (Ashok) mentions that he has paid the last two EMI's of the loan amount valid as he shows them as evidence that the said flat was on his name? These receipts are original but the cash for the payment was given by my mother (Suriti Sarala), but he lies that he used his own money to pay the loan. However, this money was deposited by my uncle (Ashok) into my mother's (Suriti Sarala) loan account.
Asked 5 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) on your father demise your mother only had one third share in properties standing in name of your deceased father 

2) you and your sister can move court to set aside sale deed made by your deceased mother 

3) your mother needed court permission to sell your share in property as you were minor at time  of your father death 

4) you have to move court within period of 3 years of attaining majority . issue legal notice to purchasers that you and your sisters have share in land fraudulently sold by your mother 

5) contact a local lawyer . 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
query no 2

1) to confer clear and marketable title sale deed is must 

2) your uncle cannot claim ownership rights oon un regd agreement for sale  

3) you have to file complaint of cheating , forgery , fabrication of documents against your uncle 

4) also file declaratory suit that you are absolute owner of the flat and for eviction of your uncle as trespasser 

5) seek injunction restraining uncle from selling the flat 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
1.  If you have registered partition deed in your favor and this flat comes under your share, you may file a suit for mandatory injunction against the occupiers to eject them from the property, for demolition of the illegal structure appearing in the share of your property and restrain the defendants from interfering in your possession and further alienation or creating any encumbrance on it.




2.  The registered partition deed is valid.



3.  It can be done on the advise of your advocate after appraising the prevailing situation.



4.  The flat do not belong to you but the land on which it is built belongs to you hence you may file a suit as advised in the first paragraph.



5.  His claim cannot be valid for title of the property.




T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
1) After my father's (Suriti Ramulu) death, can I (Suriti Hariteja) and my sister (Suriti Sariika) also be eligible as the legal heirs of the property (owned by my father) including my mother (Suriti Sarala) / will only my mother (Suriti Sarala) be the legal heir of my father's property?

Legally speaking all the three are legal heirs and are entitled to a share equally in the intestate property.






2) After my father's death, if we (Suriti Hariteja and Suriti Sarika) are eligible as legal heirs of my father's property, can we now claim our share in the above mentioned lands/properties sold by my mother (Suriti Sarala) without our consent?

Since your mother is not alive against who will you be able to file the suit?
Moreover it is more than three years after you both became major by age, so it is barred by limitation.
You can file a partition suit claiming 1/3rd share each agaisnt the present buyers and can also include the previous buyers.  Proceed with a partition suit.









3) If we are eligible to claim our  (Suriti Hariteja and Suriti Sarika) share in the above mentioned sold  lands/properties by my mother (Suriti Sarala), can we (Suriti Hariteja and Suriti Sarika) now send a legal notice to the purchasers of the property to claim our share in the sold lands or properties? Or is there any other option to claim our (Suriti Hariteja and Suriti Sarika) share in the sold lands or properties?

Yes, you can send legal notice or even file a partition suit directly without a legal notice too.







4) Does the Gram Pranchayat of the Village (Sarpanch and Secretary of the Village) have the power to grant permission to the village people for converting Agricultural land of the village into plots by giving layout permission of the plots without paying the NALA challan to the Government?

Local law involved, you may clarify this from your local advocate.

T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0

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