I’m buying a property in Kumarswamy layout, Bangalore. I have given the documents for verification to a local lawyer. She requested a few pending documents from the Seller. The seller’s advocate says it’s difficult/not possible to get it. The BDA office is almost dead because they do not respond to the queries, they just simply say I’ll check it. Background on Property(Series of Events): 1)BDA auctioned the site to FIRST OWNER in 2006. 2)The FIRST OWNER sold this site to a Builder in 2011. 3)The Builder sold this Building to the Current seller in 2012. Following are the details/documents requested by my lawyer to give a final opinion on the Property: 1)Copy of Auction Notice. 2)Copy of all the documents including the acquisition of land notification from BDA for the formation of this layout - Need certified copy from BDA - Including layout plan. 3)All the receipts of the BID amount paid by the FIRST OWNER of the site to BDA. 4)Family tree of FIRST OWNER. 5)Family tree of Builder. The seller’s advocate say’s it’s not possible to get 1, 2, 3, and the current Seller is not able to track 4 and 5 Available Documents: First Owner: Sale Deed from BDA to First Owner 2006 Auction Site possession certificate Auction Site confirmation certificate(In Kannada it shows as Sthirikarana patra). Kandaya Elakhe All the tax receipts until sold to another party Builder: Absolute Sale deed to the Builder from First Owner All the tax receipts until sold to the current seller Current Seller: Sale Deed to the current Seller from Builder All the tax receipts to date Khata Certificate and extract dated 2017 EC 2003 - current date Loan Closure - NOC GPA Suvarna Khata Finally, 1)Is it possible to get the missing documents - 1,2,3? 2)What is the solution if the family tree is not available - 4,5?
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The documents listed from 1 to 5 are not very essential documents.
They don't impact the title or the interest of the seller.
The documents the seller now in possession, are found to be sufficient in order to arrive at an opinion about the genuineness of the property to be purchased now.
You can change the lawyer and better approach some other lawyer with more experience and skill than this lawyer.
If they come under RTI only way is to apply through RTI with them
File RTI application and obtain the documents mentioned by you from BDA
2) obtain indemnity bond from seller to indemnify you in case of third party claims
What would be the consequences of purchasing this Property If I cannot get these 3 documents considering that I will add the Indemnity clause in the agreement? Will it pose any serious issues after the Purchase? Thanks
Indemnity clause should protect you in case of third party claims
You may get the title issue later
These are non essential and documents without any importance at this stage, hence in my opinion, you may not face any consequences in this regard in future too even if you proceed ignoring your advocate's suggestion.
On the safer side, you can obtain an indemnity bond executed by the seller in this regard.
Dear Client,
Obtaining Missing Documents from BDA:
Auction Notice (Document 1): The auction notice is an important document to establish the legitimacy of the auction process. If the seller's advocate claims it's not possible to obtain this document, you might want to inquire about the reasons behind this.
Acquisition and Layout Documents (Document 2): Certified copies of acquisition and layout documents are crucial for verifying the legality of the layout and the property's ownership. The inability to obtain these documents from BDA could pose a challenge.
Family Tree of Builder (Document 5): Similar to the family tree of the first owner, the family tree of the builder might be important for establishing the chain of ownership.
BDA is bound to share the copy of the certified documents. Please file RTI.
- Since, the BDA had executed Sale deed in favor of First owner after giving Auction Site possession certificate, Auction Site confirmation certificate. Kandaya Elakhe , it means that the First owner was the legal owner and in possession of the property , and there was not objection for selling the property to the Second owner i.e. Builder
- Further, the Second owner i.e. Builder has also purchased this property by way of registered sale deed , then after purchasing this property from the First owner , he become the legal owner of the self acquired property , and then he was also having his right to sell the same to the current owner.
- Further, if the current owner has purchased this property from the builder from his own fund, then he is also having his right to sell the same to you without taking consent of any of his legal owner .
- However, as this was purchased by the current owner after taking loan from the bank and the bank has issued NOC for the reimbursement of loan amount , then there is no need of other documents as you mentioned
- However, for removing your apprehension and satisfaction that there is no loan on this property from anyone , you can take an Indemnity bound from the seller.
