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 12 months ago in Property Law from Bengaluru, Karnataka
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
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.
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.
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.
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.
BDA – Bangalore Development Authority (Govt. of Karnataka) develops large residential lay outs in Bangalore. The land losers in the formation of such layouts are compensated by granting developed sites, sometimes, free of cost (incentive), if land is given to BDA, voluntarily.
The site in question was one such incentive site allotted to a farmer during November 2014, who in turn sold it to my Vendor in August 2015(after 9 months). The vendor is trying to sell the same in March 2016(after 7 months). The site allottee and present vendor are citing family and legal necessities for conveyance of the property.
Can I Purchase the site after taking out a PUBLIC NOTICE in two widely circulated newspapers, one English and the other vernacular, besides getting legal opinion from local Advocate?
Asked 12 months ago
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
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.
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.