Hi, If the property is ancestral property then all the legal heirs have right over the property. If they are not party to the JDA then you are in trouble so better get a legal opinion from the advocate and proceed further.
Inclusion of legal heirs as consulting witness in JDA
I am planning to buy a undrconstruction apartment. The land owner and the builder entered in to JDA, which duly registered. However, non of the legal heirs are made party to the JDA but all the legal heirs has signed the JDA as consulting witness. The project is approved by Bangalore Development Authority(BDA) All other documents are clear and the approvals are in place. My question is can I take risk to purchase the flat and what is the risk involved
Asked 7 years ago in Property Law
Religion: Hindu
6 Answers
1) is it self acquired or ancestral property of land owner
2) if it is self acquired property he does not need consent of legal heirs to sell the property
3) before purchase of flat obtain certificate from local advocate that title is clear and marketable
A. Consenting Witness signatures in JDA instead of Party is depends upon nature of property origin Example: if the property was self acquired, owner's legal heirs consenting witness is sufficient. In ancestral or Joint Family Property, all the right holders shall include in the JDA as party instead of consenting witness. However, consenting witness is also sufficient for the development of the property against conveyance which means Sale. Therefore, consenting witness in the registered deed is better than witness. In addition to this, witness is will put his/her signtaure over the document by affirming executor signature, hence witness is not required to aware the contents of the draft. But ,consenting witness should be aware of the all the draft's content.
B. You can purchase this property after the legal scrutiny of the documents.
If land owner is sole owner of the property which is his self acquired property then there is no need to make his legal heirs party to the JDA.
However since I have not checked all the relevant papers I can't say whether you should proceed to buy this property or not.
During the lifetime of the owner his heirs have no share in the property, as a corollary whereto the legal heirs were not required to attest the agreement as witnesses or parties. If the title of the owner is clear then you are free to purchase the property.
The concept of legal heirs will arise only the death of the property owner.
If the owner is still alive then there is no question of legal heirs.
However for the purpose of safety against the future claims by anyone, the builder would have obtained their signatures as consenting witnesses.
If you have any further doubts on it better take legal opinion on the basis of documents from a local advocate and if satisfied you may proceed.
