how safe is buying property from muslim owner?

[ravi414]

Guys,
I finalized one property(BDA plot) which is of Muslim owner. is it safe to buy? what all precautions I need to take before registration so that it may not be litigated in future? please advice.

Your guidance in this matter is highly appreciated.

-have a good day

[Hesh_Mysore]

Buying a property from anyone (irrespective of any caste/religion) is as safe or unsafe as it is. Do consult a good lawyer and get the documents verified.

[manja]

I may be missing something. What additional risks do you foresee because of the owner's religion?

[ShashiDeshpande]

Ravi414....It is as safe as you.....But whatever the caste or religion, they are all human beings...so consult a good lawyer before any property dealing and then irrespective of caste or religion take decision. Be a professional and respect everyone.

[PlotGuy]

The original post was not dis-respectful, and the concerns are quite valid. The laws are not the same - be it Hindu Undivided Family or Muslims or lands allotted under special categories etc . Please consult a real estate lawyer of repute.

[ShashiDeshpande]

The original message from the member is regarding a plot in Bangalore, Karnataka State law (Not Jammu & Kashmir). BDA sites has got a lock in period. The interpretation of the message is clear and if it is to be of any other meaning should be addressed clearly. There should not be any scope for ambiguity.

[ddn]

I too am of the opinion that "ravi414's" question is not biased. As "PlotGuy" as mentioned, Muslim law differs from the law applicable for people belonging to other religions. I am not an expert by any stretch of imagination, but I think these differences in the law are not state specific. I was told once that the notion of "self acquired" properties is perceived differently under the Muslim law and hence additional checks might be necessary to ensure clear titles.

ravi414: I don't know the details of the differences, so I am unable to help you. As suggested by other members, you need to consult a good advocate. In addition, please check that your advocate has handled such transactions.

BTW, do sites in all BDA layouts have a lock-in period? I was under the impression that sites in Anjanapura/BSK6 did not have a lock-in period.

[arunthl]

Also, the clauses in the agreement regarding the successors etc need to be clearer.
As everyone said, good lawyer would definitely help with agreement draft. Since, Hindu Law & Muslim Law differs a bit, only transfer of property could be seen as an issue (future time period).

[PlotGuy]

Mr Deshpande - The original post said "that it may not be litigated in future? " There was nothing ambiguous about it. So please temper your remarks.
ravi414 - Please consult a lawyer.

[sanjeevj]

I think the question posted is valid. There is always doubt about laws as oral gift deeds are considered valid in Mahomaden Law. If you have patience, you can read this: http://www.legalblog.in/2011/05/gift-un ... ncept.html