• BDA absolute sale deed

1998 - BDA (Bangalore Development Authority)alloted the site to father
2009 - Father gifted to his son
His son is selling the site to me
They dont have the absolute sale deed with them. I demanded the absolute sale deed. They are telling that the BDA is ready to give the absolute sale deed on his father. Is this correct. I will get the registration from the son and absolute sale deed will be on his father name. Will I face any issues.
Apart from the BDA absolute sale deed they have everything like History records (mother deeds), Allotment Letter, Possession certificate Khata certificate on son's name, Tax reciepts on son's name which are required for a BDA site.
Is there any risk in this?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu

1. Without a registered sale deed no title passes from your seller.

2. So before purchase first ask the sale deed to be registered in the name of the father.

3. once they do then make a sale deed with the father only.

4. Since the BDA has not made the sale deed as yet, the gift by father to his son does not make any clear title in the property and hence even if the BDA now makes sale deed in the name of the father, your purchase from his son will not hold good.

In other words unless the conditions as stated above is fulfilled do not buy this property.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Dear Client,

Deal is clean, by virtue of gift deed (registered), son is absolute owner and sufficient documents are allotment letter, possession certificate in favor of father. Sale deed will be additional document of title in favor of father.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Whether there was any lock in clause in BDA allotted site ?

2) whether prior consent was necessary from

BDA for creating third party rights?

3) once third party rights are created father is no longer owner of plot

4) sale deed should be executed in favour of son of plot was transferred with BDA consent

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

no need for any absolute sale deed from BDA to father

that will involve stamp duty implications

just take a NOC letter from BDA consenting for transfer of land to you by the son of original allottee and also a statement that BDA has ratified and approved the gift transaction by original allottee father to his son

annex this NOC letter to your sale deed

this will suffice

Yusuf Rampurawala
Advocate, Mumbai
4448 Answers
25 Consultations

5.0 on 5.0

it is ok to get sale deed in the name of father as he s the allottee.. to b on safer side you get ur sale deed registered aftr that registration from BDA

Charulatha M
Advocate, Bangalore
6 Answers

Not rated

1. BDA does not give Sale-Deed. BDA can give only "Letter of Allotment", which is legal enough for any & all purposes.

2. You can execute Sale Deed in following manner:

a) Seller Signature = Son

b) Confirming Signature = Father (not witness)

c) Buyer Signature = yourself/s

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2403 Answers
14 Consultations

5.0 on 5.0

Sir firstly check the terms of the allotment by BDA of transfer if that is clear no Absolute sell deed required the BDA can give NOC and then you can have registered and properly stamped sell deed the title shall be clear.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Dear Sir,

Every purchase of real estate cannot be foolproof. The suggestion given by BDA appears to be appropriate and you can take all the mother deeds and come into safer zone. You may raise bank loan to be more safer.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4405 Answers
112 Consultations

5.0 on 5.0

If the father has transferred the property by executing a registered gift deed and is also ready to procure the absolute sale deed on his name, then the further transaction i.e., the registered sale deed by the son in yor favor may be legally valid provided all other conditions are satisfactory and you have obtained a proper legal opinion from a local lawyer.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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