• BDA property from farmer land acquisition

Hi ..

I have finalized a property in Newly formed BDA Property Nada Prabhu kempegowda Layout.
I am Buying property from mr.A and Mr.B, who are land owners and BDA has acquired land from them and allotted the property which I am buying. The property which is allotted to Mr. A and Mr B is in different land, and this is acquired from different land owner with different survey no.

1. will Mr. A and Mr. B's wife and sons have right on this property. Should I add them in sale deed and take their signature.

2. Mr. B is has different name in Allotment letter and in PAN card. like LINGAPPA in allotment letter and LINGANNA in PAN Card. Adding alias will do ?

Please giuide
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

This is my response to you:

1. will Mr. A and Mr. B's wife and sons have right on this property. Should I add them in sale deed and take their signature.

Answer: They will not claim on the property. For your safety take their NOC and if need indemnity bond on stamp paper;

2. Mr. B is has different name in Allotment letter and in PAN card. like LINGAPPA in allotment letter and LINGANNA in PAN Card. Adding alias will do ?

Answer: Yes add both names. Good you found the error in the names. This will be better for you to get the perfect title and avoid all disputes of the future.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) wife and sons have no share in property

2) no need to add them in sale deed

3) ask MR B to rectify his name in allotment letter then only purchase property . name should be same as in PAN card

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. See if the BDA acquired land was ancestral property of Mr. A and Mr. B and for that they were allotted new land then only the son and daughter will have right otherwise the son and daughter and wife has no right in the property.For your safety from future claims an NOC and affidavit can be taken from sons and daughters.

2. It will be better if he gets the allotment letter rectified and the allotment letter and pan card should have same name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Mr. A and Mr. B SON daughter or wife will have no right over the said property since it appears that.The property acquitted by BDA is self acquired property of Mr. A and B. It's better to take signature of wife and children to prevent future litigation also get document scrutinised by advocate before proceeding.

Secondly it's better to get the allotment letter rectified then only buy property which will safeguard your interest and provide you better title to property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Client,

This depepdns on the agreement executed between A , B & BDA. Either its joint venture & authorized BDA to sell or sold by AB to BDA or allotted different land to A B in lieu of present property your are dealing in.

If non situation presents, A B must be involved as seller in the sale deed.

@ with proper introduction and attach copy of PAN & Allot. letter with sale deed,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

The land in question was a property of A AND B. As per my understanding BDA acquired land from them and then you are the prospective buyer.

If u are purchasing a plot from bda then you don't have to worry about the ownership of the property before it was purchased by the bda.

If this is not the case and he bda just a facilitator then you have to perform your own due diligence.

The property should be free from all encumbrances.

Their might be a no. Of co owners and therefore

The land records should be checked and verified.

Name should be same in all documents otherwise an affidavit should be filed stating that the two are the same.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

You can also add them or take NOC or relinquishment deed from them. You can take affidavit from him stating the both the names are of single person.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Q:1: Ancestral property came to be acquired and in place of which alternative land or plots were allotted in favour of both A & B, hence it is advisable to take the signatures of their respective wife's and major children as consenting witnesses,

Q:2: Yes adding Alias will suffice in the sale deed to the name of Lingappa@ Linganna.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Dear Sir,

You can purchase and you may follow the guidelines:

1. will Mr. A and Mr. B's wife and sons have right on this property. Should I add them in sale deed and take their signature.

Ans: To avoid future complications it is necessary to get signature of such wife and sons/daughters as consenting witnesses.

2. Mr. B is has different name in Allotment letter and in PAN card. like LINGAPPA in allotment letter and LINGANNA in PAN Card. Adding alias will do ?

Ans: It is better to get change the name of the Vendor online and then go for registration.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The observations what you have narrated here may be of minor nature or a blunder hence without seeing the proeprty documents, any opinion given based on your incomplete information would certainly misguide you or may not be proper.

It may even be wrong opinion because the background facts are not known.

Hence it is always suggested that instead asking clarification on the basis of vague and incomplete information, you may better consult a local lawyer and obtain his opinion by producing the relevant documents before him before purchase.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. No. Mr. A & B's son and wife do not have right in the property, but you can take no objection certificate indemnity bond on stamp paper from them as a precautionary measure.

2. Yes. Adding alias would suffice.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer