Buying land in Kerala taking a composite loan Buying land in Kerala taking a composite loan

2 years ago

The land which I am going to buy has a deed which is a partition deed. Now this was a big piece of land of their Grandmother, which was further distributed between their 3 sons and 1 daughter. Out of 3 sons 2 sons were dead. Now this partition deed was done after death of grandmother and her two sons.1 living son who had sold this to other person Murali and i am buying it from Murali. Now bank is asking Family membership certificate (FMC) for the grandmother and 2 dead sons. So my question is what are the legal issues for this and need of FMC?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Entire history is to be digged out to know family history of Murali and previous family history of grandmother and her legal heirs. Whether it was transferred in the names of those persons jointly or not to be looked into.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Family membership certificate is often required for the purpose of settlement of claims in respect of the deceased family. It also aids to get death benefits or to get the properties in the name of deceased. One can obtain a Family Member Certificate by applying in person and online. They should have valid documents such as ration card, pan card, voter id card. They should manually complete the application forms and submit in the respective MRO office of their area. The main applicant should claim as the head of the family while applying. The main applicant should submit passport size photographs with the application.
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Anik

Responded 2 years ago

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A.Hello
The Bank would be asking family member certificate to check whether any loan had been taken on the land prior to your purchase. Also FMC is a document which you get from the government officer like tehsildar that these members are the legal heir after the death of grandmother. On the basis of this document the son must have mutate the land in his name and further sell it to murali.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
Family Membership Certificate is given after the death of the grandmother to the legal hiers. The legal heirs claiming that land have to get a family membership certificate to become the legal heirs to the property, only after that they could claim the land and inherit it. Bank is most probably wanting the FMC to check whether any family member has taken loan on that land earlier or not.
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