Hi,I am planning to buy a new flat in Bangalore. For this land, we have 3 successor owners before it came to the hands of builder.We have all the documents available from 1973 but there is a problem with the documents in the 1940's as the following documents are not available - 1. Partition deed between children and wife of the first owner is not available(Only Pouthi Katha is available) - This sale deed happened in 1943 2. Unregistered consent deed available from first owner and his legal hires for this land(Registered deed not available,is this a problem?) - This sale deed happened in 1943 3. RTC from the period 1965-66 to 1992-93 is not available(whereas RTC from 1972-73 to 1987-88,1988-89 to 1992-93,1993-94 to 2001-02 and 2001-02 to 2011-12 are available) 4. EC for the period 1940 to 1973 is not available 5. Ahkaarbandh copy not available For all the missing documents they have an Endorsement certificate,Is this valid?All the documents related to land conversion and katha transfer,betterment charges paid receipt and property paid tax until 2016 are available with the third owner. We have BBMP approval for the project and license for construction. Can we go ahead for buying flat in this property?Please advice. Thank you!
1. Since the documents mentioned in point no. 1 and 2 are very old in age their unavailability is not damaging.
2, The absence RTC for certain periods as mentioned by you is not damaging either.
3.Same is for point no 4 and 5.
However the legal compliance for transfer of property varies from state to state and hence it is advisable tot ake help of local lawyer showing all the relevant papers.
Consult a local lawyer before purchase of flat
2) only if lawyer certifies after taking search in sub registrar office that title of builder is clear and marketable should youv purchase the flat
Normally there is no contingency in your query for buying a flat in Bangalore. All the documents missing are very old. 30 years encumbrances’ certificate is enough for find out the any right or interest that exists in someone other than the owner of an estate and that restricts or impairs the transfer of the estate. A search report with regard to the property is good for finalizing decision. Check the sellers have absolute right over the property with the help of a local lawyer.
Land Record: Title deed is the most important document as it gives details about ownership, rights, obligations and mortgages on the property. So it validates whether the land where the project is coming up has been registered and development rights transferred. Get a copy of it from the builder and cross-check the information with the land record office.. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities
The documents mentioned by you which are available and not available shall be ascertained only on scrutiny of all the documents in your possession.
Any opinion given based on your version shall be a misguidance to you and you may land up in trouble at a later stage when there is a rival claimant from any quarter.
In Bangalore it is common that there will emerge a claimant claiming a share out of his ancestral properties and will be dragging yo to court seeking partition and settlement, though you may win the case, but it shall be an unnecessary head ache as well as mental tension or problems that ma cos you heavily.
Therefore it is advised that you better spend a lew amount towards legal opinion from an experienced lawyer in the local and proceed if he is of good opinion about this otherwise you may think of discarding this proposal.
1. The partition deed between the heirs of the first owner and also the consent deed pales into insignificance if the sale deed in favour of the the buyer was signed by each one of them. The signature on the sale deed is the consent to sale.
2. RTC, EC and Akarbandh are all documents of a revenue nature. They are not documents of title. The title to a property flows from the sale deed alone. If the sale deeds exist then the property can be purchased subject to the positive due diligence.
3. Involve a lawyer in the transaction to get all the documents vetted by him,
We have hired a local lawyer and after scrutinizing the documents he came up with the above list of documents to be submitted.So we are not sure if we can avail these documents now as they are very much older. Can we proceed without these documents? What is the risk involved without these documents?
If lawyer had certified that title is not clear and marketable don't purchase the property
2) you will have problems in selling the property
The lawyer who has scrutinised the documents had suggested you to procure the said documents, hence it shall be based on his scrutinisation that he felt that the said documents shall support your claim.
You may comply with the requirements or if you have decided to face any problem, it is your own will and wish.
If a document exists you can dig out the same from the office of sub-registrar after sweating out for a few days but if it does not then it cannot be created. It is unwise to purchase a property if a single document in the chain of title is missing.