How to verify Seller's (Owner's) family details

[suresh13]

Hi,
For a BDA site (HSR), The seller is an employee of a bank in bangalore. The actual owner of the house is his father, in whose name the house is registered. The seller claims his father has 2 sons. Hs father and 2nd son are in Hyderabad. I had asked all three to be present during registration and sign the documents, for which the seller has agreed.

My question is: Is that sufficient. (Aprt from legal verifications).
If the seller's father had sold inherited property and had bought this house , will his sons have any rights after they sign in the registration documents.
How to verify if indeed his father has only 2 sons. How to verify if there are more sons or daughters and if these children habve minor/major children, who can also have rights?
One of my friend suggested to travel to Hyderabad and verify the details

The family tree or any other document that if I request, they may give. But is that sufficient.

If the father gives declaration that 'He has purchased the property with his self-earned money, and also if in use of inherited money, declares that he has only 2 sons and both will sign' Is that enough?
Pls advice me as Iam not getting any concrete answer.. even from my lawyer.

Thanks
Suresh

[arunthl]

When I had asked this question to lawyer, I was asked to put the below point which covers the most:

"The SELLER assures that, he owes the Schedule Property in capacity of his self earnings and this property has not bought out from any of the profits of the joint family property/ by his family property."

I think this is enough.. But check with a lawyer who is familiar with these kind of instances..

[tvsh]

When I had asked this question to lawyer, I was asked to put the below point which covers the most:

"The SELLER assures that, he owes the Schedule Property in capacity of his self earnings and this property has not bought out from any of the profits of the joint family property/ by his family property."

I think this is enough.. But check with a lawyer who is familiar with these kind of instances..

I think your lawyer is mistaken. If the seller himself wants to commit a fraud by selling a property which he has partial ownership/rights, then no amount of assurance given by the seller in the sale deed provides any relief. Rights over a property can only be given away by a release deed.

[tvsh]

Hi,
For a BDA site (HSR), The seller is an employee of a bank in bangalore. The actual owner of the house is his father, in whose name the house is registered. The seller claims his father has 2 sons. Hs father and 2nd son are in Hyderabad. I had asked all three to be present during registration and sign the documents, for which the seller has agreed.

My question is: Is that sufficient. (Aprt from legal verifications).
If the seller's father had sold inherited property and had bought this house , will his sons have any rights after they sign in the registration documents.
How to verify if indeed his father has only 2 sons. How to verify if there are more sons or daughters and if these children habve minor/major children, who can also have rights?
One of my friend suggested to travel to Hyderabad and verify the details

The family tree or any other document that if I request, they may give. But is that sufficient.

If the father gives declaration that 'He has purchased the property with his self-earned money, and also if in use of inherited money, declares that he has only 2 sons and both will sign' Is that enough?
Pls advice me as Iam not getting any concrete answer.. even from my lawyer.

Thanks
Suresh

The actual owner is the seller of the property. The son is only facilitating the deal. Once the children signs on the sale deed, they cannot create any more legal issues. You should ask for a family tree or a ration card, that has the details of the members of the family. There is no fool proof method of ascertaining the members of a family. The law is weird, the second wife cannot have any rights over a property, but their children has rights over the property. So there is no way to ascertain, if someone has a second wife and whether they have any children or not. So People to post Advertisement in Newspapers asking for people to come forward and raise objections if any for the proposed purchase of the property. This is only to ensure the buyer has done his due diligence and protect his legal interests should a need arise.

Father's declaration is enough, provided he provides proof of the purchase via his own money. Then the seller's children's signature is also not needed.

[msn1270]

Assurances remain assurance only like how our politicians make during election season.
Its not an official guarantee nor a legally acceptable document.

Ask for the family tree certificate issued by the corporation from the owner of the property.
Alternately his ration card or a notary or court affidavit stating about his family details.

Firstly, if the seller is the first and the sole owner of the property and is alive, then rest of
his family makes no importance. if its an inherited property, then family members comes into picture.

[gbsch4]

Hello,

Let me give you a bit of background on the law concerning inheritance in India. I think any lawyer should be aware of this.

Just google as "Inheritance law 0f 1956, section 8". You will find detailed description about this. Note that this section only refers to Hindu succession law.

According to laws of succession passed in 1956, section 8,if a person dies intestate and he has immovable property or moveable property and he does not have any will made in anyone's favour, then the property will be divided with full marketable titles among Class 1 heirs. If no one in class 1 heir then it goes to Class 2 heirs. If none in class 2, then it gets divided among class 3. There is definite law of succession.

Class 1 heirs are legitimate wife, sons , daughters of the deceased owner
Class 2 heirs are mainly grand children
Class 3 heirs are neice, nephews, brothers, sisters, etc.....not fully clear about this.

Now in your case, if the current owner can prove that he bought the property on his own earnings then absolutely ok even if none of his children signs the sale deed.
In case, if the current owner bought a site from the money through inheritance (may be he may have got that money from his father/mother through partition, then according to law of succession, the current owner is a class 1 heir for his parents and has full rights on his share....The owner's children still have NO right and cannot object at any time in future as well as the current owner is selling when he is still alive.


Hope this helps

[suresh13]

Thanks for your suggestions.

I have one question w.r.t below points
gbsch4 wrote: In case, if the current owner bought a site from the money through inheritance (may be he may have got that money from his father/mother through partition, then according to law of succession, the current owner is a class 1 heir for his parents and has full rights on his share....The owner's children still have NO right and cannot object at any time in future as well as the current owner is selling when he is still alive

msn1240 wrote: Firstly, if the seller is the first and the sole owner of the property and is alive, then rest of
his family makes no importance. if its an inherited property, then family members comes into picture.

-- What if the current owner bought a site from the money thorugh inheritence (full share.. without sharing the proceeds with other class 1 heirs).
When these class 1 heirs claim their share by filing a case against the current owner which asset will be under trouble?
The inherited asset or the current asset purchased by selling the inheried asset.
All in all, in this situation there are 2 geniune buyers.
buyer 1 bought the inherited asset from current owner
buyer 2 (myself may be) bought the asset which the current owner bought from money got from buyer 1 by seeling inherted asset.

Who will be in trouble? Will buyer 2 insulated from this mess or buyer 2 also in trouble .. buyer 2 has not bought the inheried asset which is what the class 1 heirs claim?

[msn1270]

How can anyone claim the money invested on this land is an inherited/shared amount ?? It won't be mentioned in the sale deed.
If yes, then the property sale deed has to be in joint names.

As a Buyer, you can't dig out the owner's source of income and financial records of the period, when he bought that site !!

Even within his family, someone can challenge the person who sold/received money from this transaction for their pie in case
of any hidden things. More over as per sale deed Terms and conditions, seller is solely responsible for any of the things which you
are assuming.

if every buyer goes with If & But kind of hypothetical mindset, i don't think they will be able to do any transactions in their life time.

[new_house]

hire a professional private detective and you will get whatever information you want. his reputation, family tree. you will have to spend some money.