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Manjunath (Lead engineer)     02 August 2021

Buying property from legal heirs of deceased person

Hi Sir,

I am planning to buy a property in bangalore from legal heirs of a deceased person. I need help here. Below is the details

1.Person A bought a plot from BDA in 1976. Sold property to person B in 1987. ( originals sale deed available for both sale)

2. Person B constructed house in the plot in 1997 and was staying there  with her Family since then.

3. Person B's husband passes away in the year 2012.

4. Person B passed away in 2020 November.

5. Person B has 2 sons who wants to sale the property. They have death certificate of both Person B and her husband. They have Family tree certificate issued by Deputy Thasildhar mentioning - Person B, her husband as deceased and 2 sons name listed as alive.

6. They have applied for Khatha Certificate with BBMP on 30th June 2021, but BBMP has stopped issuing Khata certificate due to software upgrade and digitalization since April 2021.

7. BBMP has provided hand written Endorsement stating Khatha has been transferred to 2 sons deceased person.

Query -

1. Can I buy this property with this BBMP endorsement letter OR should I wait till BBMP issues Khatha Certificate which may take 1 more month?

2. Vendors wants me to commit and do an sale agreement in next 3 to 5 days with 25 % advance which comes around 35 Lakhs. Can I enter agreement with Vendors in this case? I got suggestion not to get into agreement until they get BBMP khatha Certificate. 

3. I am also looking for Bank loan, I am not sure bank will give loan just based on Khatha endorsement..

Please le me know your valuable advise on how to proceed in this case.  



 3 Replies

Shashi Dhara   02 August 2021

Until all lrs proceedings is completed don't proceed .

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     02 August 2021

Hello,

 

As per my opinion, khata is transfered as per written letter issued. So there is no problem to enter into transaction. For bank loan you have inquire with bank official. 

1 Like

Advocate Bhartesh goyal (advocate)     02 August 2021

 (1) BBMP's enforcement id sufficient ,no need to wait for khata certificate. you can buy property

 (2) you can enter into sell transactions/proceedings without any hesitations.

1 Like

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