sir,
I am initiated transaction to purchase a BDA site few missing documents.
- site was allocated to Mr x in 1974, Missing Allotment letter , lease cum sale agreement , BDA katha for vacant land. Initial tax paid receipts
- Absolute Sale deed is done by BDA to Mr X in 1985 after lease period.
- In 1986 Ground floor 600 sft constructed by self finance. Missing construction approval and completion certificate and tax fixation detail and tax paid receipts are not provided
- In 1988 First floor 600 sft constructed by self finance. Duplicate copy for construction approval is provided. But tax fixation and tax paid receipts are not provided
- In 2002 mr X and his wife died . In 2008 BBMP katha is taken.
- Mr X had two sons and two daughters. Three of them executed RELEASE deed in favour of last son in 2012.
- Last son current owner got katha transfer on his name, Only Tax paid receipt for 2018-19 and 2019-20 is provided.
5 Answers
Dear Vijay Kumar ji,
Does the buyer has Absolute Sale Deed? In whose name(s) the Khatha transfer has been done in 2008?
In which year did the current owner get the khatha transfer done in his name?
May I know what do you mean by - 'EC shows truncation for RELEASE Deed only'??
sir,
Very sorry for incomplete and confusing above query. Please consider the corrected following querty
I am trying to purchase a BDA property which has following history of events
- BDA allotted site to Mr Devaraj in Feb 1974 , position certificate in Mar 1974, LCSA in June1974, Abs Sale deed in 1985.
- Got Katha from BCC (Bang city corporation) in 1988 in favour of Devaraj
- Ground floor of 680 sft was built in 1994 but they don't have building sanction plan. First floor of 600 sft was built in 1999 based building sanction plan for first floor
- Devaraj and his wife died in 2002 without executing any WILL or partition deed among his 4 children's.
- Got BDA Katha in favor of Devaraj in 2008
- In Nov 2012 Devaraj’s three children’s executed RELEASE DEED in favour of Kannan , last son of Devaraj.
- Got Katha transferred in favour of Kannan in Feb 2019.
- Kannan have only PC and Absolute Sale Deed, BBMP Katha and latest tax paid receipts. Other documents like , allotment letter, LCSA , BDA Katha in favour of Devaraj (father of Kannan) are not available. He is trying get certified copy from BDA.
- Will the Certified copy of allotment letter, LCSA and BDA katha serve as valid legal documents?
- Currently available position certificate, Absolute sale deed in favor of Devaraj and RELEASE deed, Latest Tax Paid, BBMP Katha in favor of Kannan are sufficient for transfer of ownership
- Absence of following document will create any legal problem in future.
- . Building sanction plan for Ground floor
- Katha extract to show the property ARV value
- complete Tax paid receipt from allotment till date
Dear Vijay kumar ji,
1 - "Got BDA Katha in favor of Devaraj in 2008"
How can they get Khatha in the name of the person who was no more in 2008?
2 - Yes, certified true copies of Allotment letter etc are treated as valid documents. But, if you are planning to go for a bank loan, some banks may hesitate to consider True certified copies.
3 - Available documents list is fine. You may kindly consult a civil lawyer and get Release Deed checked thoroughly.
4 - The missing documents list may not create an issue. Kindly check if the property tax dues have been cleared or not (in 2018-19 tax receipt).
Sir,
Thank you very much for advice.
Yes it is true that BBMP khata is issued in 2008 after death of Devaraj. Before in 1988 BCC khata Issued in Name of Devaraj. But no BDA katha applied after allotment in 1974 till 1988.
Kannan got Release deed in 2002, and got Khata tranfered ot his name now in Feb 2019.
Latest Tax paid receipt show no dues.
Is it leagal to purchase a site with khata issued after 6 six years from death.
Can I consult the civil advocate or just drop this.
Vijay kumar
Hi,
One can get Khatha transferred after 6 six years, that should be not an issue!
But, Khatha transfer when the person is no more, is somewhat intriguing..
Kindly consult a civil lawyer, get the legal opinion and then take final decision..
Please login or Register to submit your answer
Sir,
sorry for the confusing statements. I will rewrite question
BDA allotted site to Mr Devaraj in Feb 1974 , position certificate in Mar 1974, LCSA in June1974, Abs Sale deed in 1985.
But they have only Poisiton certificate and Absolute SaleDeed,
Other docments like , allotment letter, LCSA , BDA katha are not available.
They are saying that these document will be available in BDA and they will get registered copy.
Ground floor of 680 sft was built in 1994 but they don’t have building sanction plan
Got Katha from BCC (Bang city corporation) in 1988
First floor of 600 sft was build in 1999 and they have building sanction plan for First floor
Devaraj and his wife died in 2002 with out executing any WILL or partition deed among his 4 children’s.
Got BDA Katha in favor of Devaraj in 2008
In Nov 2012 Devaraj’s three legal hairs executed RELEASE DEED in favor of last son Kannan. But they have executed any FAMILY tree that time.
Kannan got Katha transferred on his name in Feb 2019.
Kannan provided only latest Tax paid receipt for year 2017-18 and 2018-19 only
question are
1. Currently available position certificate, Absolute sale deed in favor of Devaraj and RELEASE deed, the Latest Tax Paid, BBMP Katha in favor of Kannan are sufficient for transfer of ownership.
2. It is legal to buy property with certified documents like allotment letter, LCSA, BDA khata.
3. Did I need to demand for complete tax paid receipts and EC from allotment to till date