buying property based on affidavit
Raj
(Querist) 07 December 2014
This query is : Resolved
I intend to buy a residential plot in Bangalore. Pls advise regarding buying below property.
One of the seller inherited property from his father through affidavit signed by all of his brothers who relinquished thier right on property. Based on affidavit, mutation /khatha is already changed in the name of seller but as per EC, still his grandfather name is appearing.
The seller father is the only child of his grandfather as per affidavit who bought this property from another seller during 1955..
Pls advise regarding buying this property.
Raj
(Querist) 07 December 2014
Here mutation means only change in municipal record for payment of property tax is done
Raj
(Querist) 07 December 2014
Here mutation means only change in municipal record for payment of property tax is done
Isaac Gabriel
(Expert) 07 December 2014
Unless the reliquishment deed is registered one,the seller does not hold marketable title.
Anirudh
(Expert) 07 December 2014
Very correctly advised by Mr. Gabriel. The affidavit has no value in the eyes of law. The mutation is not proof of title of ownership.
Buying such a property would land you in trouble, unless all the five brothers (including the present seller) signs the Sale Deed and register it.
Sailesh Kumar Shah
(Expert) 07 December 2014
merely on the basis of affidavit, no title would come to the buyer unless all brothers have transferred their rights through sale deed/relinquishment deed.
Rajendra K Goyal
(Expert) 08 December 2014
Get sale deed signed by all the legal heirs, unregistered relinquishment deed is of no value.
ajay sethi
(Expert) 08 December 2014
never purchase any property unless all documents of title are vetted by local lawyer . avoid purchase of property unless all legal heirs execute sale deed
malipeddi jaggarao
(Expert) 09 December 2014
Do not purchase unless all the legal heirs join in registering the property. Mutation does not transfer the rights over the property. Lot precautions are to be taken while purchasing immovable property. Some includes original link documents, examination of passing of the title to the seller for the last 30 years, Municipality records, tax receipts, Encumbrance Certificates, genuineness of sale deeds, verification with concerned sub-registrar offices. Hence, before purchasing the property consult a local lawyer for title verification.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
Well advised by all experts, if the vendor's father is alive, the property documents since standing on his name, he may execute the sale deed and get it registered (directly from the title holder).
