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Sunil (engineer)     10 July 2013

Clarification about ancestral property rights

Hi ,

We have shortlisted a Flat in Horamavu Bangalore. The flat is being built on a part of a big plot

which was formerly a agricultural land and then converted for residential purpose. This land was

purchased by a person X in 1975 and a partition was gifted to one of his sons Y using a gift deed.

Person Y has entered into a joint development agreement with a builder and given him GPA.

 

My problem is i have managed to get a loan from a Nationalised bank, however their legal rep

has advised that Person Y`s family members have to give a NOC saying that they do not have

any objections for executing sale deed against my name.  However the builder is trying to avoid

this saying that the land owner has already given a GPA and other banks have not asked for this.

Please advise if this is necessary ? 



Learning

 2 Replies

Ad Amjad Ali (Advocate )     11 July 2013

if the title of land is clear then owner of the land can NOC to you,or its power of attorney also same right to issue NOC to you.In your case who is real owner is not clear , ie how many land owners in this plot

Sunil (engineer)     11 July 2013

Thanks for your reply Sir. The land has been divided between 2 brothers(gift deed by father). This apartment is being built on the 

share of land of the younger brother. He had given a GPA to the builder. My question is if Wife and Children of the younger brother

can file any kind of case on these flats in future (will they have any rights) ? . 

 

Thanks in advance.


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