BDA plot purchase - Missing Documents

[s3va]

Friends ,

Need your valuable advise.

I am about to buy a plot near Whitefield inside a gated community that has obtained layout approvals from BDA. But i am presently stuck at few concerns raised by lawyers(of other prospective owners too) about missing documents as part of mother/title deeds. The issues are highlighted as below

Please note, the developer here is not registering the plots in his/her name from the existing owners, they are purely developing the plot and assisting the transfer process transfer of plots from the owner to individual purchasers. The community has been formed by joining lands under 3 survey numbers. While reviewing the title deeds the following information was pointed out missing from one of the survey numbers -

1) Death Certificates, Family status, family tree of few members who are part of the present Land owners property are missing
2) No indemnity bond or clause in the Sale Deed mentioning that the developer will assist in tackling future legals issues(here in this case the possible claims for share that can arise from legal heirs of any of the deceased member ).

So, with the above, what do you all feel about the overall deal ? I understand that NO land purchase comes with 100% risk free premium, but does the above mentioned risk fall under the category to be ignored ?

Appreciate a quick response !!! Thanks in Advance

Regards
Siva

[tvsh]

Family tree is probably one of the easiest document to procure. I guess not having it for a land that is self acquired is probably ok, if the seller can prove the source of funds, if the property is ancestral or joint family property, then the family tree is a must and establishes all the parties that have a right to the land and as a buyer you must ensure that all of them would sign the sale deed. Even with a family tree there is a risk as family tree only shows the first wife and if there are more than one wives, the family tree would not reflect it. The sons and daughters of the second wife will also have a right over the property. It is better for the developer to register the site in his name and then sell it to you. at least legally, He will be taking over the responsibility of solving disputes if any.

[nagarjunkatta]

Hi tvsh,

How can we procure the family tree? bcoz i have seen some sites where the sellers didnt get it from the Developer.. So while verification, Lawyer asks for this doc particularly to ensure the title.

[tvsh]

The seller and all his family members have to approach the village accountant. The family tree is written by VA and co-signed by all family members. The buyer or the developer cannot do it