You cannot make sure that BDA Site sold to you had been bought by landlord from his own funds
2) you have to rely only upon landlord word that he has bought site from his own funds
3) clause can be incorporated in sale deed to that effect
Hello, I am planning to buy a BDA site alloted to landlord on 60:40 scheme. The landlord has brought in his own funds half of what was acquired by BDA and other half was ancestral land. BDA sale deed to landlord has clubbed both parts together. How to make sure to make this site part of his own buying and not part of ancestral land?
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You cannot make sure that BDA Site sold to you had been bought by landlord from his own funds
2) you have to rely only upon landlord word that he has bought site from his own funds
3) clause can be incorporated in sale deed to that effect
This can be insured from the revenue documents of the site the documents mention the history of the property through which document it was purchase and the number of document and year.
Fir thee if the other land is ancestral check first the nature of property if inherited through partition.then it has lost its nature as ancestral.further if there is consent of legal.heirs also then also property from ancestral part can be purchase.
Firslty, as per your query, it is clear that half of the land BDA and rest is the anscestral one.
Secondly, if it has been clubbed together then I may advice you to first get it rectified.
Thirdly, because we never know who would come to ask for their share in the anscestral one.
Rest you are free to contact me in future for further clarification.
Dear Sir,
Since sale deed is executed by the BDA as it has more weight before any court. It cannot be set aside so easely. Even if it is filed it is maintainable against your vendor and not you. Because you have paid the consideration and the amount to shared among the co-sharers is with your vendor. You are in safer zone, nothing to bother.
First of all you scrutinise the registered sale deed document of the vendor.
Also you may call for the previous title link documents for tracing the title.
After that you may verify the tax paid receipts and EC in respect of this property.
Finally produce all the relevant papers/documents before a local advocate who will properly scrutinise all the papers and render his opinion as well as recommendations.
You can decide to purchase the property after that.