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Kiruthiga (Manager)     13 May 2012

Buying a land which has been gifted to a daughter

I am buying a land (Belonging to Bangalore corporation-BBMP). Original land allottee is a Lady who has gifted the site to her daughter and the gift deed has been registered. The daughter has sold the land to another party Mr.X)  and the land has been registered in his name 5 months back. I am planning to buy this site from the new owner (Mr.X).

1. Do I need to get a Legal Heir certificate from the original allottee since the gift deed do not specify whether the daughter is the only child or not.

2. Current owner of this property has not got the Legal Heir certificate from the original allotee when he purchased the land. Both mother & daughter has moved out of Bangalore and we are not able to reach them now. In this case, is it advisable to buy this property or not?
 



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 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 May 2012

1.  IF the original allottee has duly Gifted the said land to her own daughter, THEN all rights of ALL other legal heirs are extinguished and such land can be bought and sold by the daughter without any NOC or other documents from ANY & ALL legal heirs.


2.  Further if such subsequently sold land is registered in another new buyers name, THEN the new buyer can safely sell it to anybody and then further transfer of ownership rights can be done without any lawful complications.


Keep Smiling .... Hemant Agarwal

Anjali Sharma (advocate)     15 May 2012

Hemant narrated the thing in a right manner. Further also obtain TSR- Town survey report as the property is of Karnataka


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