Third Party in Asia comes forward to 'Claim on the Land' so now purchase is off?

FrankFalcon

Slinky said:

Could it be that this property is jointly owned by a couple who have split up and the wife has moved/returned to India and has discovered her (ex) husband is trying to sell the house without her knowledge?

Hey Slinky

If this was a TV detective drama you'd get top marks for getting it right.  For all other readers/contributors to the thread, I went to see my Brother yesterday to find out the facts because his Daughter is in pieces.  Admittedly my Niece had been a tad naïve to say the least....and had started buy 'stuff' for her new/first home.  After my brother had spoken to the solicitors again yesterday and then subsequently spoken to me here is a clearer picture of the facts.

Mrs A N Other (seller) put her house up for sale.  My Niece's (buyer) bid was accepted.  Both sides then directed their own solicitors to act for them.  Half way down the line the sellers solicitor contacted the seller to tell her of another name on the deeds of the house (the Indian lady).  The seller (Mrs A N Other) was genuinely taken aback and knew nothing of this.  It is because the Seller (Mrs A N Other) was married to Mr A N Other, until he died last year.  Mrs A N Other then decided to sell the house because she couldn't stand to live there any longer with her husband now gone. 

It transpires that before Mr A N Other married Mrs A N Other he was previously married 20 years ago to this Indian lady, who it transpires, subsequently went back to India 10 years ago...with her name still on the deeds of the house!  The deceased Mr A N Other must have not told his new partner about his Ex Indian wife.  Therefore, as it stands, it is true that the lady in India is still listed on the deeds of the house.

I hope I have made it all clear and thank those of you who posted helpful comments.

FrankFalcon

I have told my Brother that instead of talking about suing any solicitors etc he should actually thank them because they have done a great job.

FrankFalcon

lfc321 said:

It’s quite plausible that someone might be a part-owner of the property and therefore their agreement would be needed for the sale. If they don’t agree to the sale,  the other part owners wouldn’t be able to proceed. It’s not relevant whether the person is in India, or anywhere else. 

As others have said, there’s not much likelihood of any recourse. If her solicitor says that the purchase can’t proceed, your niece would be best just moving on and looking for another property. That happens all the time, unfortunately. 

lfc321, you also get a thumbs up for getting it correct before I posted the answer.

FrankFalcon

user lfc321, you also get a thumbs up for getting the answer correct before I posted the answer.

silvercar

Not your problem, and nothing the niece can do.

 Mrs A N Other should be trying to find a financial settlement between Mr A N Other and his previous wife at the time of their divorce, it may be that an agreement was reached and the LR hasn’t been updated to reflect this. 

The prequel would be Mrs A N Other checking that they were Mr A N Other was divorced from the ex wife, otherwise the ex- wife could be sniffing around for more than just her share of the house! I suppose the prequel to the prequel would be to find out if they were legally married and not just a religious ceremony.

brianposter

It may of course be possible to find the Indian lady and enquire about her intentions. It might be worth asking the seller or the neighbours to see if she can be located.

user1977

brianposter said:

It may of course be possible to find the Indian lady and enquire about her intentions. It might be worth asking the seller or the neighbours.

Indeed, I expect she will prefer it off her hands one way or another.

Grumpy_chap

FrankFalcon said:

Hi all

Just looking for a bit of advice for my niece here.  She's so upset that her first/dream home purchase has fallen through.  

Firstly please allow me to tell all readers that anything I write here is hearsay and anecdotal.  It is what my Niece has told my Brother, who then told me.  Therefore, it is possible that I am saying here is not true or factually correct, but the basics.,, I think are correct.

Basically, my Niece was 6 weeks into the purchase of the house and she is so upset that it has been "Called Off".  My brother literally said this to me "They were a long way into the sale and they've received noticed that a woman who lives in India has made claim to the land".  I said I don't understand and my brother told me "Apparently, she says her name is on the deeds".  So, I am sure my Brother is probably mistaken, but I'm baffled at would 'could' the scenario here?  Is it possible that Mrs Bloggs from this country, UK, or any other country can 'claim that their name is on the deeds'?  Is this a thing? Are there scams based on this? Is it possible any person can simply claim on the deeds of a house?  Whilst I admit that my information here is sketchy, I hereby ask you guys what you guess the problem could be.  I just want to understand it for myself, so I know where to start looking for advice and further assistance.  My Brother is talking of suing the seller or any of the both sides solicitors if his Daughter loses the money she has already paid on 'fees'.  What's your guess guys and the legalities of your guess?

Thanks all.

Nothing to do and no-one to claim against.

It seems as though the Conveyancer has done their job properly to establish the correct title to the land and that the individual presenting as the Seller does not have full title to sell the property.  That is exactly what the house purchasing process is all about and far better to establish at 6 weeks into the process rather than farther down the line (or after Exchange) when the ramifications would be far greater.

Time for the Niece to move on and find another home where she will be happy and the "stuff" she has been buying will be just as good.