Dear Sir,
I have a the below queries for you with respect to the property which we have purshased.
The original property was purchased by my father and property was not registered however the original owner had selled the property by means of GPA and this GPA is registered.Now the query is in the encumbarance issued by BBMP, original owners name is not present instead we have encumbarance on my Mothers name, Is this valid?. Or the encumbarance should have original owners name?.
Second query.
Can the owner make a will on minor and later sell to the other person?. In this case which will be valid.
Appreciate your response to the above queries raised.
Regards,
Vishal
Asked 9 years ago in Property Law
Religion: Hindu
Dear Sir,
Let me detail out my query.
When my father purchased the property in 1995, Govt of K'taka had stopped all registration procedures. hence we had to go with GPA. The ownere had executed GPA in favour of my mother and this GPA was registered.
Mean while the area where we purchased the property came under BBMP limits and the katha/betterment charges were paid by us and the encumbarance was issued by BBMP having my mothers name.
The original owner expired in 2000 and in 2003, the property got tranferred to my father and this sale deed was registered.In a way my mother executed her GPA. From there onwards all the taxes are paid upto date by us.Now we want to sell this property but the purchaser wants the encumbarance which has the original owners name so in this case should the encumbarance have the original owners name?.
Asked 9 years ago
Thank you all for the opinion. One more query/clarification i wanted is what do you mean by 'if original owner had not purchased property by regs sale deed his name would not be reflected in encumberance certificate '?.
Asked 9 years ago
Thank you all once again.
The concern now here is the original owner's name is not appearing in the encumbarance. In the current encumbarance what we have my mothers name is present till the date it was tranferred to my father's name by means of registration and from there onwards my Father's name is also appearing.
The query here is the purchaser who is willing to purchase the property is asking for the original owners name in the encumbarance and this is not there. Unfortunately we do not have the documents as how the original ownere who sold the property to us got this property. So will this be obstucle for us to seel the property?.
Thank you all once agin for the answers and happy week end.
Asked 9 years ago