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Site Purchase Confusions

Posted: February 1st, 2013, 9:12 am
by kevin77
Hi All,
I need all your guidance on the following confusions I have wrt purchasing a BDA approved site:

1. The Site allotte is dead and so is his wife.
2. The allotte has a single daughter - who is married and has a major son.
3. The allotte has written a will making the site to some of his cousin. The Cousin is married and has a minor son.
4. The daughter and cousin of the allotte now want to sell off the site.
5. The owners are not ready to provide any photocopies of documents and insist that after an initial agreement amount is paid, they will make the docs available. How to go ahead with an agreement without taking a legal opinion wrt site and docs?

I need to know what all legal documents I should ask them to produce and who all of the leagal heirs should be signing an agreement/deed so that things are clear before the deal finalizes. I do not want any claim arising at any point in future from any family member.

As this is a site allotted by Housing Society, is any actions/ task pending from the Society end? Any approvals needed from them?

Kindly let me know the details.

Regards,
Kevin

Re: Site Purchase Confusions

Posted: February 1st, 2013, 9:49 am
by msn1270
you need to collect the documents starting from

1) the BDA allotment letter
2) Amount paid challans/receipts
3) Absolute Sale Deed/Registration Copy
4) khata Transfer Copy,
5) khata extraction,
6) Latest EC from the date of allotment
7) Property Tax paid receipts till today,
8) Death certificate of the allottee
9)Copy of the will
10) Family tree of the allottee and the present person(cousin).

If you consult a reliable advocate & the Bank people(In case of going for Site/Home Loan), They can give some more list of document requirements.

Agreement will not be done between Buyer and Seller without verifying the necessary Documents. No one should invest more than Rs. 5000/- for receiving these papers for verification. Only after the paper verification, Sale agreement will be done.

If the duo are demanding several lakhs of rupees as agreement amount without even showing the papers, my suggestion is simply drop the matter.

Re: Site Purchase Confusions

Posted: February 1st, 2013, 6:39 pm
by tvsh
How are you ever going to be sure the will is not contested? The will itself can be superseded by another will or the will may not be genuine. First ask them to get the khata transferred in the name of the cousin by BDA or BBMP whichever is the case may be and ask for all the documents MSN1270 has mentioned. On the surface it appears, dealing with the sellers is more headace than it is worth. It is better to look elsewhere.