Potential claim in property by undocumented siblings
I have a small query regarding a plot purchase for which I took legal advice but there is a clause at which things are stuck, it would be great if you could write in short the correct lawful approach that should be taken.
- 3 brothers have entered into a JDA in Bangalore with a developer and are selling sites (BMRDA approved)
- All approvals, EC, papers etc. are in place but there is one point concerning
- The three brothers have provided the family tree which does not have any other sibling
- According to my lawyer family tree is not good enough legal proof, there should be some other legal proof stating there are no other sisters or brothers that can claim any right tomorrow
- The developer is saying they will give indemnity clause in Sale Deed to protect people if a legal issue arises
- I would like to know will indemnity clause protect plot owners from legal issues of claim?
- What document can the 3 brothers produce in order to confirm legally that there is no other sister / brother (sibling) of theirs
Thanks a lot in advance!
Asked in Property Law from Bangalore, Karnataka
1) indemnity clause will protect the buyers in the event of any claims made by a third party
2) ration card would reflect the names of the legal heirs of the deceased
Thanks a lot Ajay, in case there is no ration card would getting something like a true affidavit form the brothers stating no other siblings help?
Asked 2 years ago
1) an affidavit is a statement on oath by the deponent and if the 3 siblings are willing to state on oath that they don't have any other siblings it should safeguard your interests
1 indemnity bond is good enough document to take care of your concern.
2. Ask the brothers to obtain succession certificate from competent court of law. This will effectively set at rest the uncertainty, if any, on chain of succession
1. In addition to the indemnity bond executed by the developer, the purchaser should insist for a legal heir certificate from those three brothers,
2. The legal heir certificate is the authentic document specifying the legal heirs of the owner of the property.
A. Family tree must be issued by the Village Accountant by taking signature of the head of the family member along with two witness signature in the Family Tree.
B. Ration Card would be helpful to identify hidden family members but not 100% sure.
C. You would better visit the Village of the resident of the land owners and enquiry the people who have situated near the land owner's house.
D. If the property nature is self acquired, then signature of the other family members are immaterial. However, if the nature of the property is ancestral or joint family then only this question will be arise.
F. As confirmed by the builder itself, indemnity clause would protect the purchaser from the fraud, misreprentation, hide the facts about the claims, lititgations etc.,
A self attested or notarised family tree certificate is as good as a piece of waste paper. This has no relevance to their claim. The family tree certificate can be alternately signed by the Revenue authorities or the revenue authorities can issue a legal heirship certificate on request in writing. The concerned Revenue Inspector within the Tehsil where the property situates or where the certificate is to be obtained, normally do not refuse to issue the same.,
You may obtain indemnity bond in the form of an affidavit from the 3 brothers beside including the indemnity clause in the sale deed and also can give a public notice in a leading news paper atleast three times within 10 or 15 days before getting the sale deed executed stating the facts and calling for no objection from any other legal heirs who may be available towards the sale of the property.
1. A family tree is only a document of 'convenience' and not 'conveyance'. It does not create or extinguish any proprietary rights.
2. You should trace the antecedent title of the property to ensure that the title is free and marketable.
3. The indemnity clause can be enforced against the developer in the event a legal claim is made.
4. If the antecedent title of the property is traced it should allay all your fears. The brothers can execute a sworn affidavit before an executive magistrate to state that they do not have any other siblings.