Hello, We own a piece of agricultural land in Tamilnadu. It was bought in year 2000 and we are in complete possession of this land. It's fenced and we are cultivating. Below is the history of this property since year 1980 - 1980 - Person A owner of this property registers a WILL in subregsiter mentioning this property to be given to his wife after this death. - somewhere between 1980 and 1988 this person A passes away and his wife gets the property transferred on to her based on the will. Her 2 children are minor at this stage . - In 1989 wife mortgages the property and clears it in 1994 - In 1995 wife sells the property and her daughter is a major so she has signed as witness. Her son is not major . - between 1995 to 2000 the property changes hands with 4 different parties and we buy it in 2000. Now son of person A has filed an OS stating that the registered will is invalid and forged as his father(person A) died in 1979 and will was executed in 1980. He has submitted a death certificate which is registered and issued in 2023 by the village panchayat and the year of death is mentioned as 1979. However the will is a registered will stamped in subregsiter with the person A's presence in 1981 Below are my questions 1. On what grounds can the VAO register a death and issue death certificate after 42 years of death of a person. I have filed and RTI and awaiting response. 2. Since person A's son was minor during the sale of this property by person A's wife , does he have any grounds? 3. There are 6 different transactions after person A's wife sold it untill we bought it and the son is requesting to cancel all the sale deeds and transfer the property to him. Is there any instance of Tamil Nadu courts issuing such drastic judgements in favor of the Person A Son.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Minor sin has no share in self acquired property of deceased father bequeathed to mother as per will
2) if testator was present t at sin registrar office in 1981 to register will obviously death certificate is fabricated
3) doubtful that court would grant son any relief after lapse of 42 years
1. VAO is not the competent authority to issue a death certificate.
On an application to the Tahsildar to issue a death certificate of the deceased with all supporting documents and reasons for not registering the death at that time, the Tehsildar will issue instructions to the Revenue inspector to enquire the same through VAO and submit a report, after that the Tehsildar will issue a certificate opinion that the death might have taken place during that period which is revealed in the enquiry.
Then on that basis the applicant can file an application before the District execution court seeking instruction to direct the concerned registrar of births and deaths to register the death and issue a death certificate as per procedures of law. Any certificate obtained without following the said procedures will be invalid and null and void. As you have applied for information through RTI act, you may wait for it and in the meantime you can challenge the death certificate ion the basis of the procedures as explained above.
2. If this property was A's self acquired property and the same was transferred by a testamentary disposition, then other than the beneficiary of the Will nobody can claim any share in the property as a right. The son of deceased A is doing it with an intention to grab the property or at least to extort huge money from you on the basis of this non maintainable civil dispute, hence you can very well challenge the same on merits and get it dismissed. A has transferred this property by a registered Will and it was properly acted upon by the beneficiary, besides the son remained silent without any challenge up to three years after becoming major hence any act done beyond the limitation period to challenge the Will or making a stake to claim a share in the property after the said limitation period is not maintainable
3. you must wait and watch the proceedings of the case patiently, don't jump into any hasty conclusion about the outcome of the case. .
Dear Client,
The Village Administrative Officer (VAO) issuing a death certificate after 42 years is unusual, and the circumstances under which this can happen are quite limited. Generally, delayed registration of death can occur if the death was never registered or if an heir may apply for a delayed death certificate. However, in both the cases proper documentation and verification is required. Under the Indian law there are specific protections for minors. A minor's property cannot be sold without the permission of the court, and any such sale can be challenged later when the minor attains majority. However, since the property was sold by the wife of Person A and the daughter (who was a major) witnessed the sale, the sale might be deemed valid. The son may challenge this sale on the grounds that his interest was not adequately represented during the transaction. But given the time that has passed and the number of transactions that have occurred, this challenge might face significant hurdles. It's quite rare for courts in Tamil Nadu to cancel all sale deeds and transfer the property back to the original owner or their heirs, especially after multiple transactions. However, there have been instances where courts have ruled in favour of original heirs if a fraud in the sale is proven or if the court finds that the wife did not have the authority to sell the property because of the minor's interest. However, the fact that the property has changed hands multiple times and that it was purchased by you in good faith works in your favour. Given the complexity of the case, it would be wise to consult with a property lawyer. Should you require any further clarification, please do not hesitate to contact us.
1. The death certificate issued by the village panchayat 42 years after the death of A can be legally challenged. Is there any reference to the register of births & deaths maintained by the competent authority in the death certificate? Raise this query too in a supplementary RTI application, and seek information.
2. If the Will is genuine, A's wife inherits the legacy to the exclusion of all other legal heirs as the sole legatee.
3. If A's son contests the Will, the legal burden is on him to prove his case to the satisfaction of the court with proper documentary evidence and competent witnesses.
In the circumstances, engage a competent lawyer to defend your case.
In thier OS they have mentioned that UDR patta was issued in his father's name. Whom now they claim to be dead in 1979. My understanding is in Tamil Nadu UDR patta was issued in 1985-86 and did not exist in 1979. So can the UDR patta be issued to a deceased person in 1985-86 if he was already dead in 1979?
A patta is a mere Revenue record evidencing title, and not one conferring title as such. It evidences possession too as per Revenue records. A's title cannot be based on this patta alone, but on the conveyance deed registered in his name.
It cannot be issued in name of deceased person
You may utilize this as a very good evidence to prove your case.
UDR was done earlier but the person who claimed any rights in the basis of UDR should have been alive at the time government furnishing the requested patta.
Therefore you can challenge the case taking shelter under their own documents.
Dear Client,
Yes, you are correct that the UDR patta system in Tamil Nadu was implemented around 1985-86 as part of the UDR Scheme cannot be issued it to a person who was already deceased in 1979. If the opposing party is using the UDR patta issued in 1985-86 as evidence, you can argue that such a patta could not have been issued to Person A if he was already deceased in 1979. Should you require any further clarification, please do not hesitate to contact us.