• Land purchased on father's name was sold by him

Sir,
 
 In Bangalore BDA used to allocate sites based on seniority, I applied in my father's name and the site was allotted, I paid for the entire transaction and sale deed was written in my father's name, this was in 2003, later due to family dispute, i moved out of house, last year he sold the plot, I would like to know, whether I have any rights on the property, if so, what details I need to collect, I don't have any copy the sale deed.
Looking forward for your expert's advice.
Asked 2 months ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

You can file suit claiming sale proceeds as full consideration was paid by you 

 

2) you have to enclose bank statement to prove full consideration was paid by you 

 

3) copy of sale deed should be enclosed 

 

4) you can obtain certified copy of same deed by which land was purchased from sub registrar office and also copy of agreement by which father sold the land 

 

5) before filing suit issue legal notice to father to claim sale proceeds 

Ajay Sethi
Advocate, Mumbai
100593 Answers
8226 Consultations

Since the site was allotted by the BDA to your father (likely due to his seniority/eligibility) and the Sale Deed is in his name, the property is legally classified as his "self-acquired property."

Therefore your father has absolute right to sell his self-acquired property to anyone he chooses during his lifetime without the consent of his children..  

You mentioned that you paid the entire amount. Under the Benami Transactions (Prohibition) Amendment Act, 2016, if one person pays for a property but the title is held by another, it is often considered a "Benami" transaction. While there are exceptions for property held in the name of a child or spouse, the law is much stricter when a child pays for a property in a parent's name. Proving you are the "real owner" in court is legally uphill because the law generally bars suits to recover property held Benami.  

However on the basis of the evidences for making payment towards consideration amount you may file a suit for declaration or to recover the money paid as loan for this purpose.

T Kalaiselvan
Advocate, Vellore
90801 Answers
2523 Consultations

1. If you have demonstrable evidence to prove that you only paid the entire sale consideration towards purchase of the site in your father's name, then you will have right over the sale proceeds received by your father.

2.  Get copies of allotment letter, possession certificate,  lease-cum-sale deed (if any), absolute sale deed, Bank Challans. Khatha Certificate and extract. Also sale deed executed by your father in favour of the Buyer and encumbrance certificate. 

3.  You can obtain copy of the sale deed from the jurisdictional Sub Registrar's Office. 

 

Shashidhar S. Sastry
Advocate, Bangalore
5671 Answers
339 Consultations

Thanks for your  appreciation 

 

you can issue legal notice to your father to furnish these documents

Ajay Sethi
Advocate, Mumbai
100593 Answers
8226 Consultations

Seek phone consultation.i can advise you online 

Ajay Sethi
Advocate, Mumbai
100593 Answers
8226 Consultations

Go to the Kaveri Online Services portal. Search for the property using the site number and layout name.Once you have the document number from the EC, apply for a certified copy of the 2003 Sale Deed and the 2025/2026 Sale Deed.Since the property was already sold last year,

Being in the USA makes the physical legwork difficult, but Karnataka’s digital infrastructure is quite advanced. You can actually perform about 80% of the search and document collection online from your computer.

While the Sale Deed is at the Sub-Registrar's office, the Allotment Letter and Possession Certificate are with the BDA. These are harder to get online.

If the online portal feels overwhelming or if "Party Name" searches fail due to spelling variations, you have three practical options: 

1. Engage a "Document Procurement" Service: There are professional agencies in Bangalore (like PropCheck, ZippServ, or specialized legal firms) that specifically help NRIs. They charge a fee to go to the BDA and Sub-Registrar offices and collect physical certified copies for you.

2. Appoint a Limited Power of Attorney (PoA): If you have a trusted friend or a distant relative in Bangalore, you can send them a Special Power of Attorney (digitally signed or couriered and adjudicated) solely to "apply for and collect property documents."

 

3. Hire a Lawyer Digitally: Many Bangalore-based lawyers handle NRI clients via WhatsApp/Zoom. They can perform the "Search" at the Sub-Registrar office manually if the online records for 2003 are incomplete (digital records are sometimes patchy before 2004).

 

T Kalaiselvan
Advocate, Vellore
90801 Answers
2523 Consultations

Since you only know it is in SMV Layout, your first hurdle is finding the Site Number and Document Number. Search the Kaveri 3.0 Portal. 

Once you have the site number from the search above, apply for an Online EC from 2003 to 2026.

Contact your bank (or log in) to secure records from 2003, this will prove you were the "source of funds."

Even if you don't have the deed, once you have the Document Number from the Kaveri portal, you can order a Certified Copy (CC) through the same portal for a few hundred rupees. It will be sent to you as a digitally signed PDF.

Several firms in Bangalore specialize in NRI property disputes (e.g., Maheshwari & Co., NK Law Associates, or Propcheck). They can handle the "Search and Procurement" of BDA documents which are often not fully digitized.

In India, if you claim "I paid for it, but it's in my father's name," you are fighting the Benami Transactions Act. However, the law allows an exception for property held in a "fiduciary capacity" (trust).

In the civil suit you can argue that the money was a loan or an investment with a verbal agreement of a "life interest" for him and ownership for you. and that your  father acted as a trustee for your funds.

 

T Kalaiselvan
Advocate, Vellore
90801 Answers
2523 Consultations

You need to file certified copies and get the same. You can appoint a local person or advocate to do the same 

Prashant Nayak
Advocate, Mumbai
35109 Answers
256 Consultations

If the site was allotted and the registered sale deed was executed entirely in your father’s name, then in the eyes of law the property would ordinarily be treated as your father’s self-acquired property, irrespective of the fact that you may have funded the purchase. Therefore, your father generally had the legal authority to sell the property during his lifetime.
However, your claim is not automatically extinguished. If you can establish through clear documentary evidence that: the entire consideration came from your funds, the property was purchased only benami/nominally in your father’s name for convenience, and there existed a fiduciary relationship or resulting trust arrangement, then you may still have limited civil remedies. That said, such cases are legally difficult because of the provisions of the Benami Transactions (Prohibition) Act, which generally bars claims where property stands in another person’s name. Courts are usually reluctant to disturb registered title unless there is strong and convincing evidence.
Your immediate priority should therefore be to collect documents and reconstruct the transaction trail. Even if you presently do not possess copies of the sale deed, certified copies can still be obtained.
You should first obtain: the allotment letter issued by BDA, the sale deed, khata records, encumbrance certificate, mutation records, and details of the subsequent sale executed by your father.
These can usually be obtained through: the office of the Sub-Registrar concerned, BDA records, or the Karnataka Online Kaveri portal for registered document searches.
You may also appoint a local advocate in Bengaluru through a properly notarized/apostilled Power of Attorney from the USA to collect certified copies and conduct title searches on your behalf. This is the most practical approach if you are outside India.
Most importantly, you should preserve and collect: bank statements, wire transfers, cheque details, income-tax records, or any financial proof showing that the purchase money came from you in 2003.
If the payments were made directly to BDA from your account or through traceable banking channels, that evidence will be crucial. Oral assertions alone are generally insufficient in property disputes of this nature.
You should also immediately verify: when the property was sold, to whom it was sold, whether the purchaser was bona fide, and whether the property has been further transferred or developed.
Please keep in mind that if the purchaser is a bona fide third-party buyer for value without notice, courts become even more cautious in interfering with completed transactions.
In conclusion, while the registered ownership being in your father’s name creates a significant legal hurdle, your funding of the entire purchase may still give rise to a possible civil claim depending upon the available documentary evidence and surrounding circumstances. Your first and most important step should be immediate collection of certified property and banking records through a local advocate in Bengaluru.

Yuganshu Sharma
Advocate, Delhi
1452 Answers
5 Consultations

- Since, the said property was registered in your fathers name , then being the owner he was having his right to sell the same without taking consent of others 

- However, as you have paid the amount for the purchase of that property , then after submitting the proofs of fund payment you can be declared as the owner of that property. 

- File a declaration suit before the Court after submitting the proof of payment , and make party to the purchaser as well. 

Mohammed Shahzad
Advocate, Delhi
16016 Answers
244 Consultations

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