Probable claims

Probable claims

Heirless property (Probable Claim)

A set of documents related to a property was produced to a proplawyer for perusal and opinion on title. The client proposed to buy the property. On perusal, it was found that the property was originally owned by one Mrs.Muniammal who acquired the same vide a sale deed in the year 1932. The person who now

claims the ownership states that the said Muniammal died in 1945 issueless and intestate. He is the grand son of only brother of Muniammal. The land records in revenue department stands in the name of Muniammal, EC also reflects no transactions on the property.

Here, the title and root document are found. The question is

·      How, when and where the property and its ownership devolved?

·      Who is or are all the present owners?

·      What are the possible claims or challenges in the property?

It is understood from the non mutation of revenue records for a long period that the said Muniammal died intestate and survived behind none and she might be Hindu. On her death, her property should have devolved or distributed as per Hindu Succession Act, prior to 1956.

To find the devolution, we should find how she got purchased/ acquired the property:

·      Thorough her husband or funded by her husband

·      Funded by her father

If she bought the property with the fund given by her husband, the property should have devolved on the other heirs of her husband and on the other hand, if the purchase was funded by her father, the property would have devolved on the other heirs of her father.

In this circumstance, to confirm the title, following issue or questions are to be raised and answered.

·        Who had funded?

·        Who are all the heirs of the person who funded and arranged the buying of the property in the name of Mrs.Muniammal?

Hence, it is to be advised to the client to insist the present owner  or seller to prove the title by giving answers affirmatively to the above questions.

  

Great Grand Heirs property (Probable Claim)

On perusing the set of documents pertaining to a larger extent of lands comprised in various survey numbers of a village, it is found that one Mr.Palavettan bought many larger extents of lands, run into thousands of acres in the year 1875, yes 1875 and not 1975. Later, in 1900s, he had sold or donated some 1000 of acres to various persons, endowments. One of his son donated 100 acres for maintenance of a temple.

On going through village account (Gram kanakku, adangal), A – Register of the village, pattas have been issued available in the names of Palavettan, his son Govindan, a mutt, a temple and many individuals. Now, the persons, those declare as great grand children and grand children of Palavettan also claim the ownership of lands which are still in the name of Palavettan. Now, no doubt, that Palavettan enjoyed many lands, sold, gifted or alienated some extent of lands and remained in ownership of unalienated lands and it might have devolved on his heirs.

Now, considering the longer period of about 150 years, he might have many legal heirs and all those may claim share and interest in the remained property.

Moreover, during the past 100 years, many reforms had taken place in the field of land administration, many settlements, enactments, land ceiling were made which might have taken the ownership from the said Palavettan and his heirs.

On enquiry by the client, most of the lands which are under claim and scrutiny are abandoned one and occupied by individuals. It is also found that the lands records are also not updated which implies that revenue department did not get any info about legal heirs and hence could not proceed further on arriving a settlement. Due to the longer interval, Tahsildar may not be in a position and only a jurisdictional civil Court is to decide the matter regarding the legal heirship.

The client is advised to insist those who claim heirs of said Palavettan to file a suit for declaration of title and then to proceed.