• Is family tree important for buying site from farm loser's site

Want to buy a residential site at BSK 6th stage, Bangalore. The site is originally allotted to a land loser at free of cost, except for developmental cost by BDA. My Vendor bought this site, without obtaining a Family tree. He says, he can not get Family tree from his seller. Is it safe to buy such site without a Family tree?
Asked 8 months ago in Property Law from Bengaluru, Karnataka
Religion: Other
you should check what were terms and conditions of allotment

2) whether any restrictions placed on sale of land By BDA?

3) if original allottee was absolute owner he could have sold plot without consent of his family members

4) advisable to obtain family tree 

5)you can buy the site after obtaining title clearance certificate from local lawyer that title is clear and marketable 
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
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Whether you are obtaining a family tree or not, it is pertinent to obtain legal opinion by an experienced lawyer by producing all relevant papers before him before purchasing the property.
The terms what you say as 'losers side' is not understood because it cannot be ascertained who lost which property to whom and how was this issue omitted to be noticed by your vendor at the time of his purchase, how long it has been in your vendor's possession since his purchase, why is he selling the property? all need to be answered.
T Kalaiselvan
Advocate, Vellore
16566 Answers
153 Consultations
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If the seller is untraceable then the Family tree is not required, if the seller is traceable then he himself can get the family tree done on a stamp paper of Rs.20/- and this can be used as the family tree.
With or without a family tree you can purchase the site by taking out a PUBLIC NOTICE to be published in two widely circulated newspapers, one english and the other vernacular, this will protect you from any adverse claims in the future.
Kiran N. Murthy
Advocate, Bangalore
812 Answers
57 Consultations
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Hi, The site was allotted to the original allottee so there is no need to get family tree.

2. It is my kind advice to  you get a legal opinion from the advocate and proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0
Family tree is not required to be obtained before purchasing the property. The only thing that needs to be done is due diligence to ensure that the title is free and marketable, in pursuit of which the family tree offers very little assistance. You should conduct  due diligence through a lawyer which will include a comprehensive title search in the office of sub-registrar.
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
1) obtain opinion from lawyer that title is clear and marketable 

2) you can issue public notice inviting objections from public before purchase of land

3) it is your  call whether to purchase land or not 
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
Conduct due diligence to ensure that the title is free and marketable. If the due diligence test is positive then you may publish the notice in the newspapers. 
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
If the legal opinion by an experienced advocate do not reveal any adverse information about the property including the compliance of local laws, on the recommendation of the legal adviser, you may proceed with purchase of the property after complying with the other proposed formalities namely a publication in two leading newspapers.
Taking precaution in such huge investment will always be advisable.
T Kalaiselvan
Advocate, Vellore
16566 Answers
153 Consultations
5.0 on 5.0

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