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Hkrish (Senior Engineer)     12 August 2012

Legal opinion for a bda plot

Hello..

I have a query for legal issue of a plot in a BDA approved private layout.

Its a huge layout with 8 survey numbers, and totally 175 sites. There are 8 survey numbers with 8 owners, who had entered a clear Joint development-agreement with the developer, for whom the payment by 8 people is done through 15% share in the sites.

All documents are clear, except that site in which i am buying which is under developer-share, which had earlier belonged to one of the owners.

The owner have purchased from person A, who has purchased from person B.

Person B had minor children at the time of sale, and it is person B's ancestral property, which he sold as agricultural land to person A for legal reasons (not for family maintenance/welfare).

My Question is: will the minor children have claim on the property, which is currently changed 2 hands (person  B --> Person A --> earlier owner who had entered into Joint development agreement with developer---> And the site in question has become part of developers share and Developer sells it to me).
 

1. Is there a possibility of litlgation due to minor children's claims in future ?

2. If yes, is there a way to protect it ?

Can someone pls help me in understanding the legality involved. Thanks in advance !

Regards
Hari
 



Learning

 4 Replies

Anish Thakur 7018812737 (advocate)     12 August 2012

dear querist,

you have nothing to worry about in that as you are purchasing that land/plot from the developer and if any litigation arose in future due to rights of minor children you have right to sue the developer and ger compensated.

Naveen Kumar (service)     13 August 2012

Hi Krish, i hope it's Arkavathi Layout, There is no problem in buying land in builders share, firstly check conversion order [ since it's approved by BDA, conversion is already done], check the Sale Deeds wherein Person B childrens have put their signature as consenting witnesses or not also collect RTC and latest E.C  

Hkrish (Senior Engineer)     07 September 2012

Thanks for the response.

It is not akravathy layout. It is a BDA approved private layout near whitefield side

1. Though the developer or the intermediate people might have sold the property to me, but  since I AM the ultimate enjoyer of the property on the current day. So the minor children can sue me is it not ? His father might have sold it to me, but can the court dismiss his legal right over the land ?

2. Property is an ancestral property of a farmer, who has split it into several survey numbers and given off to 4 of his heirs. Now they have all sold it to the developer. In selling heir-1 has included minor children as vendors, but represented by their mother as natural guardian, while heir-2 (Aged 38),for their survey number  has not mentioned about having children, etc,. So in future their children may sue us. I dont know which survey number plot comes.

Any solutions to protect myself, or should i drop it: My legal is asking to go for confirmation deed, and does not want to give green without it. Developer is not willing to go for confirmation deed, as heir-1,2,3,4 (Earlier sellers) may ask for money. I wonder how come BDA approved the property (as roads belong to BDA and they may be sued as well) and nationalised banks like LIC, SBI approved loans as well.

Rest all other documents are 100% fine. Only this litigation possibilty is the concern. Is there any way i can contest my stand, in case if a litigation comes in future.

Will some solution like this work out:

When i buy from developer, include heir-1-4 (actual owner of the survey number) and their children as Witness for the sale. May be pay some money as 10K. Will this protect myself, instead of a confirmation deed.

Miral (NA)     24 December 2015

Try to add value to the discussion, with your each post.


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