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Parthiban Ramachandran (Software Engineer)     26 February 2013

Legal hires signed as witness - whats next

Property Title

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In 1997 a piece is land 600sqft got alloted by BDA(Bangalore Development Authority) under low income category to a person name Raghava,and he expired the same year.

  Then legal hires of Raghava prepared required documents and made joint affidavit to transfer the prpoerty in name of their mother (saras), then sale deed got executed between BDA , and she got posession certificatein her name in December 1999 from BDA.

Later in 2002 they sold the piece of land to a person name Hamsa, and when executing the sale deed the Vendor name was mentioned as "saras" and none of the other legal hires are inclueded in it. But all the legal hires (2-daughter and 2-sons) have as witness.

After 2002, in 2003 one builder bought the land and construct the house and sold in Jan 2004 to present owner named sony, and she is holding the property for the past 8 years.


Issue:

My bank says thats its a basic legal issue property, where-in during the first sale deed in 2002 all the legal hires should be put as Vendors and not just signed as witness. and they said you need to get a confirmation deed from the legal hires (which is mosly impossible).

Whats Next,

 As per the casual knowledge all the legal hires knows that they sold the property, but document wise its not executed in wrong way.

  I personally tried to trace them based on the address given in the deed but unable to. Its almost 10 years over from the day the sale deed got executed and no  one climbed so far.

My Questions

1. Can we proceed to buy this property?

2 if so what legal actions we have to take ?

3. what are all the risk involved?

 

You earliest reply is highly appreciated.

 

Regards,

Parthi

 

 

 

 



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