• Is family tree needed as a document for legal verification

I have booked a 3BHK flat in Bangalore city. The builder has provided all the documents for legal verification. The property (land) belonged to a joint family. Is Family tree required for taking the final call? My builder is telling that the family tree is not available. What is the purpose of family tree in this case. Is it ok to go ahead with the property if the builder is unable to provide family tree?
Asked 3 years ago in Property Law from Bangalore, Karnataka
1. Well family tree is very essential to determine whether any one who might have a share in the property is kept out of the agreement or not.
2. If any of the shareholders even if holding a minutest share is kept out, he/she may later challenge the whole deal and the whole project may be jeopardised.
3. I can not recommend to go ahead with this property without knowing the devolution and distribution of shares of property among its family members.
Devajyoti Barman
Advocate, Kolkata
12880 Answers
166 Consultations

5.0 on 5.0

It would be advisable to get the family tree to determine if builder has obtained rightful ownership as the property in question is a joint property and in many instances rightful shareholders are kept out of the deal. Even if you get a search done and check the mutation records it would be difficult to determine who were the actual do owners.
Therefore it would be a risky proposition to go ahead with the deal as at any point in the future a party that was kept out of the deal can challenge the sale and the whole project will be in legal tangles.
Consider this before you take your final call
S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

1) since land belongs to joint family you would need family tree to determine whether  consent of all family members have been obtained for development of property with builder . 

2) do not purchase the property unless builder provides you detailed family tree . 

3) please note any family member can subsequently take legal proceedings for challenging sale of property to builder if he has not been given his share  of the sale proceeds
Ajay Sethi
Advocate, Mumbai
45696 Answers
2688 Consultations

5.0 on 5.0

Hi, family tree is very important and from your narration it is a joint family property but it is better get a legal opinion from the advocate go ahead with the transaction because hue have to invest in your money if the documents are not clear then you will be in trouble.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Dear Client,
The details of the property about the ownership required. To find out the ownership of the HUF the details of the family members are very necessary.The information of the family members known as the family tree. Neither it is a document nor it is certificate issued by the authority. You are advised to purchase the flat check the MunIipal construction approved plan ,ask your builder to provide occupancy certificate, which the mother of documents.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultation

4.5 on 5.0

A. A son in Hindu family is considered to spread the family tree into future generations. The family tree which consists of generation of branches and the tree is kept the tradition going is only due to a son.

B. Family Tree is the crucial document to determine the shareholders in the joint family property. It should be verified and signed by the Village Accountant and attested by two village local witnesses.

C. Usually, in Bangalore city so many landowners submitted family tree through affidavit, but it is not completely admissible due to intentionally suppressed family members and false statement declared in the affidavit. Hence, family tree must be issued by a local village accountant. Hence, don't allow the builder's flat unless obtained family tree otherwise we cannot deny future litigation from the suppressed family members.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

1. There is no such certificate called "Family Tree" issued from any Government Office in any mode. The importance of the family tree is to know who are having rights on the property and who are the successors. If you can trace the first owner's heirs and obtain Legal-Heirship certificate (it will work-out only if the said owner is no more), it may be possible to get the family tree. 

2. You should find out the chain of ownership upwards from the original buyer. The title deeds alone would throw light on the chain of ownership. Ownership flows out of title deed, not family tree. The due diligence test has to pass through many stages such as finding out whether a dispute is pending in any court of law with respect to the property to be purchased, whether the construction is in accordance with master plan, whether the requisite permissions have been obtained,etc.  Property purchased without proper due diligence is an invitation to a long drawn legal battle.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1.yes , family tree is must for buying any property.

2.purpose of family tree is that it shows how property came into hands of present sellers.

3.family tree shows the lineage of present sellers.

4.not ok to buy said property without family tree.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

1. Family tree determines whether anybody in the family who has a share on the land has executed the deed for construction of the flats or not,

2. If even one member is left out, his grandchildren can later on lay objection in the deal and the whole project may get messed up,

3. It is suspicious that family tree is not being provided. It will be a risky purchase.
Krishna Kishore Ganguly
Advocate, Kolkata
18524 Answers
449 Consultations

5.0 on 5.0

yes it is very important to know your family heridatory structure and status. it is done to know who are the heirs and share is allotted to all and any missing links are there
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

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