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divya p   22 July 2024

Can i purchase flat which is in single owner name(post release deed) but khata is in join name

I wanted to purchase flat in bangalore from existing owners.

1.There is A-khata in the name of husband and wife.

2.As wife is bed ridden - husband got release deed and got registered only on his name.

3.Seller has applied for E-khata which is coming in both husband and wife name.

4.Party is asking us to go for registration with this E-khata in name of husband and wife and post registration transferred to my name.

Will there be issue in future aa E-khata in name of husband is not there? 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2024

If the e-Khata (a digital record of property ownership) shows two names as property owners, but the flat seller has sole registration, it may raise some concerns about the legality of the purchase. Here are some possible implications: 1. _Joint ownership_: If two names are listed on the e-Khata, it suggests joint ownership. However, if the seller claims sole ownership and has sole registration, it may indicate a discrepancy. 2. _Dispute potential_: This discrepancy could lead to potential disputes between the joint owners or with the buyer. 3. _Verification required_: It's essential to verify the ownership and registration details before proceeding with the purchase. 4. _Consult a lawyer_: Seek legal advice to ensure the seller has the authority to sell the property and that the registration is genuine. 5. _Check for NOC_: Obtain a No-Objection Certificate (NOC) from the co-owner (if any) or ensure the seller provides documentation proving their sole ownership. In summary, while the purchase might not be entirely illegal, the discrepancy in ownership records requires clarification and verification to avoid potential legal issues. Consult a lawyer to ensure a smooth and secure transaction.

1 Like

Ceesaba Yder   25 July 2024

T. Kalaiselvan, Advocate (Advocate)     02 August 2024

If the vendor is having clear and marketable title to the property then you may obtain a legal opinion from an experienced lawyer in the local and proceed if recommended. 


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