I am planning to purchase a BDA (Bangalore Development Authority) site. It was registered in 2005 in the name of person Ram. He has 1 brother (Laxman) and 2 Sisters (Geeta, Nitha). Ram is now expired and he is unmarried and has no children. Since his parents are also expired, his brother Laxman has registered the property in his favour. 1 of his sister Geeta is also expired. Laxman has Relinquishment deed in his favour by getting sister Nitha signed along with Geeta's husband and daughter signed as she is expired. Is the property safe enough to buy? What else should I consider in case I am registering the property. Should I also ask Laxman's daughter and son to sign saying they don't have any objections? Please guide me in understanding what else is required so that there will not be any issues in future. Documents given by Laxman: 1. Site documents 2. Encumbrance Certificate 3. Property tax receipts 4. Ram Death certificate 5. Family Tree attested by Govt. of Karnataka, Revenue Department 6. Relinquishment deed Thank you!
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On Ram demise only his surviving siblings had share Laxman and Nitha
2) since Nitha has executed relinquishment deed Laxman would be absolute owner of property
3) Laxman daughter and son have no share in property
4) similarly Geetha husband and daughter have no share in property
5) you can purchase the property as mutation has been done in Laxman favour
First of all you should ascertain the legal heirs/successors in interest to succeed to the estates left behind by the deceased property owner.
The so called legal heir is a class II legal heir, hence the family tree certificate even if notarised, may not be held as legally valid especially the bank may not entertain an application for loan on the basis of this notarised family tree certificate.
They may have to obtain a legal heirship certificate from the revenue department or a declaration through court of law declaring the said people as the successors in interest to the deceased.
Further, you may have to obtain, the death certificate and the legal heirship certificate of another deceased legal heir i.e., one of the sisters who is reported to have died.
The relinquishment deed should have to be executed by all the legal heirs including the legal heirs of the deceased legal heir and it is to be executed by a registered document.
The release deed executed on an unregistered document, even if it is notarised is not legally valid, this would render defective title to the seller.
If the seller is having a defective title, then it is not advisable to buy the property until he acquires proper and marketable title to the property.
1. Only thing you have to check is whether Ram died intestate or not?.
2. Assuming and as per your narration, due to Ram's intestate death, since he was a bachelor, parents are also not alive, one sister is also not alive, then the property would devolve equally to Laxman, Geetha's daughter and Nitha in 1/3rd share each.
3. Since Relinquishment Deed has been executed in favour of Laxman by deceased Geetha's daughter and sister Nitha, Laxman became sole owner of the property. There was no need for a Relinquishment Deed from deceased Geetha's husband.
4. No need for the signature of Laxman's daughter and son.
5. All the listed documents are O.K., except Khatha Certificate and Extract, which are to be obtained.
6. To rule out any hidden legal complications, get the property papers vetted by any Lawyer before proceeding further.
yes it's safe unless any claim or litigation is pending. Take the family tree and indemnity bond for better safety
So the property is now registered on behalf of Ram. We are planning to go ahead with the purchase. Ram is asking to split the Demand Draft into 2 with 30L each (total 60L), one in his name and the other is his sister Nitha. Also, the 1% TDS will be paid for each person respectively. Can we do that even though the property is registered only in the name of Ram? In the new sale deed, we will be including Nitha's name as well. Kindly confirm. Thanks
If Nitha do not have any title or interest in the property then how can she be made as one fo the vendors to the new sale deed.
She cannot execute the registered sale deed along with Ram.
Without any right or title to the property, she cannot be included in the sale deed, the registrar will not entertain this.
Besides you may have to sale consideration amount only in favor of the vendor and not to any third party.
If they have any understanding let them solve it themselves.
You need to take that in writing bit it can have issues to you in your IT filing
If property is registered in name of Ram entire sale consideration has to be paid to Ram only
refuse to make any payment to Nitha
1. Yes, based on your narration, you can go ahead with the purchase including Nitha's name as well in the sale deed.
2. Before proceeding ahead, get the property papers vetted by a Lawyer to be doubly sure of the inherent liabilities, if any.
Dear Client,
An owner who wants to add a co-owner to his property, will have to do so by way of creating a new deed altogether. This new deed must also be registered at the sub-registrar's office, to attain a legal validity under the Transfer of Property Act.To add a co-owner, a new deed has to be created, which must be registered at the sub-registrar's office for it to be legal under the Transfer of Property Act. This can be done either by creating a sale deed or a gift deed.
Thanks & Regards
- As per law , after the death of Ram , his property would be devolved upon his brother and two sisters equally , as Ram was unmarried and no parents are there.
- His brother Laxman can transfer his share only to his sister , and not other sister if she was alive.
- Since, laxman releases his share and Geeta expired , then NItha become the sole owner of the property and legally she can sell the property to you without the consent of her children , and also the children of Laxman .
