Expert explains

KOCHI: A former government official with two wives passed away recently. Despite pressure exerted by the first wife, the issue of an heirship certificate was stalled upon an appeal by the second wife. The estate of the deceased is presently managed by the first wife. Is there a remedy for the second wife to claim her fair share of the estate including the family pension that the deceased entitled to?
                                                                                                                                                       — R Viswanathan, Chennai
Ans: A government servant cannot have two wives living. The second marriage even under the Hindu law is invalid. Therefore the second living wife will get nothing from the government. The recent judgment of the Madras High Court is erroneous. However, the learned judge found that the first wife died and the second person in the life of the government officer was though a living relationship, a presumption of marriage was made by the judge to grant relief.

I am selling a piece of land for a certain value to a buyer who pays through a bank loan. He says that approximately sixty per cent of the agreed loan amount will be sanctioned and it will be paid on the date of sale and the balance amount will be paid by issuing post-dated cheques within six to eight months from the period of sale. Can I register a sale deed with the actual value and mentioning the paid draft amount through loan and the post-dated cheques issued by him? The registrar wouldn’t have any issue with the registration process, as I am going to mention the sale value and the payment method in the sale deed.
                                                                                                                                                      —Murali R, Chennai
Ans: On the day of registration, full consideration should have been passed on to the property owner without which the registration will not be done. The registrar will have to make an endorsement that consideration admitted by the seller. Your stand will make the document as ‘agreement to sell’ and not a sale deed.