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Docs check - BDA allotte dead

Posted: September 27th, 2012, 12:30 pm
by kunalsd
Hi,
I am planning on purchasing a BDA site with the following scenarios:

1. Original BDA allotte is dead.
2. Daughter now wants to sell the site.
3. Khata is still under the deceased person's name.
4. As the deceased person had written a will to transfer this site to daughter, she is now interested to sell it.
5. Is it necessary to get signatures of all the heirs of the deceased during registration as he is no longer alive?

Kindly let me know what all docs should I get checked / verified before I seal this deal with no legal hassels later.

Thanks and Regards,
Kunal

Re: Docs check - BDA allotte dead

Posted: September 27th, 2012, 6:31 pm
by blrsiteseeker
if the will states clearly it is hers, then perhaps your lawyer can verify that the will is indeed genuine and then you may be ok. But you have to make sure that the will is not contradictory and there are chances for it to be contested. The best best would be to get signature of other heirs in the sale agreement, so you won't have any future headaches.

Re: Docs check - BDA allotte dead

Posted: September 27th, 2012, 7:17 pm
by arigilamurali
Hi,

At the outset since allotee is dead I want to know the process of execution of sale deed is done Or yet they are under lease.
If sale deed is already entered,then on the death of allotee having bequetherd same to his daughter, on the streanth of said WILL the property will devolved to his daugahter subject to objections of other legal hers.
If any disputes the will then person who is calming to be the holder on the strength of will should approach court of law take declaration from competent court of law.

Otherwise, you can purchase from all the legal Representatives based on the family tree in order avoid future complications.
As far allotment of site is concerned you have to verify allotment letter,Posseesson certificate, and sale deed. Encumbereance certificate
rmd

murali
advocate