Dear Sir
We need your kind advice to purchase of already identified 30x40 BDA site with house at BTM 1st stage, 1st phase Bangalore.
As per seller furnished documents copy, the original allotee(site allotted in 1987) disposed the site with house on the basis of BDA executed conditional sale deed (made in 1994), sale cum lease agreement( made in 1988), BDA issued kata & BDA issued procession certificate, before closing of lease period (10 years) by executing registered GPA(made in 1994) in the name of buyer with out specifying any sale value, period of GPA, reversible/revokable GPA or not etc. Also not executed any notarised sale agreement or affidavit etc as a additional supporting documents to sale. Then 1st buyer who is GPA holder executed sale deed to his wife after completion of lease period in 2004 & got BBMP kata transferred in her name. Afterwords she sold the site to 2nd buyer by executing sale deed in 2012 & he also sold the same to 3rd buyer by execution sale deed in 2012. The encumbrance of the property is exactly matches with the current documents flow. Another typo error made in GPA is the referred BDA conditional deed reference no (2688 instead of 2680) & date(17 instead of 27) is incorrect. But the same was corrected in subsequent sale deeds. currently all originals & procession is hold by latest owner with out any disputes(so far). Now my clarification before proceeding to buy this site is :
1. Whether Allotee can sale the BDA site before closure of lease period by executing registered GPA in buyers name on the basis of BDA conditional sale deed & BDA sale cum lease agreement. Once this issue known by BDA, whether they have right to to cancel the allotment & recover the property
2. Whether Notarised Affidavit & sale agreement (which are not made) is mandatory to support GPA, those would have supported the GPA & restrict the allotee for revoking of the issued GPA in future
3. Is there any valid grounds for allotee to claim rights on the site by revoking/cancelling of 19 years old GPA & if he does, then what is the way for current owner to secure the property based on legal
4. Is the typo errors made in GPA is very serious & invalidate complete GPA ??
5. Is there any impact on title, if GPA holder also executed one more GPA to another party before executing sale deed to his wife. What is the option to resists if any such claim comes in future
6. if any calim arises, Is there any advantage to current owner, because he is in possession of the property & having all original documents in his hand.
7. Whether this property title is good and I can proceed to purchase now. Because people says all BDA sites use to sale in same manner in most of the layouts, unless allotee completes lease period & then sale
Your kind replies will be very much helpful for me to Purchase of drop this property
Best regards
Ashoka KV
+919980766744
