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Parthiban Ramachandran (Software Engineer)     27 February 2013

Suspecting ligitation - request help before buy

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 Saras , and she got posession certificatein in her name from BDA in December 1999.

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 as Vendor/Seller. But all the legal hires (2-daughter and 2-sons) have signed as witness.

Later 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 in-correct.

  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



Learning

 3 Replies

Parthiban Ramachandran (Software Engineer)     03 March 2013

legal openion on this case will help me a lot.

 

Thanks,

Parthi

Adv k . mahesh (advocate)     04 March 2013

what about the bank authorities saying is their any other way out because you before you nearly two other parties boguht and sold without any problem from the sub registrat 

try to solfe with bank authorities because you say that it was on the legal heirs of Mr. raghava wife and all of them should be in one place try to consult another bank authorities

Parthiban Ramachandran (Software Engineer)     05 March 2013

earlier transactions has happened by cash when seeling the property, and I believe they might have got just a norary openion, this is the first time we have asked for funding from bank.

Even we can go with other bank but I wanted to understand what are the legal complications involved when we buy this?

because the banker told me that its a basic legal issue.


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