Jeyaraj 19 September 2016

Property bought from gpa holder

Hi,

I am looking to buy a plot from the developer who formed approved layout, I have below questions on the land survey numbers.

A) Person A sold agricultural land to B and Khata transfered to B. B made sale agreement with C and registerd it on 2011, on the same day GPA also registered from B to C. C has sold the land on 2012 to D after converting land for residential purpose . D made it as layout and selling the plots.I want to buy a plot in this. My question is 1) How to make sure B was alive when C sold the property to D on 2012. 2) How to make sure GPA was valid, Registered and not revoked on the day of registering the property to D. 3) will there be any issues from legal heirs of A or B in future. 4) what documents do we require to avoid any legal issues on this property.

B) Person A sold land to B in 1979, but khata was not transfered to B, continued in the name of A. A's son C changed khata to his name in 2007. B's heirs (information got from other people in the village) and C's heirs has signed and sold the land to D after converting as residential. D made it as layout and selling the plots. My question is 1) Do we need legal heirs certificate of A, B, C. 2 )Will there be any issues from some one who claims as their legal heirs in future 3) what document do we require to avoid this issue.

C) Should we also have to verify in depth the survey numbers in which street and roads layed for the layout and was registered in Government name.

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Rohit Subbayya (Advocate) 19 September 2016

Regarding (A) (1) and (2) - The best way to ascertain this is to obtain a confirmation deed from the said person confirming the GPA and the subsequent sale by the GPA Holder. But however, this may prove impractical as the original owner may ask for additional money, hence as a prudent buyer you can ask for a NOC from the said person and also give a public notice prior to the sale.

(3) If it was the ancestral property of the original vendor, then there are chances that his family members may sue for partition etc.,

(4) Already answered above.

(B) This seems to be quite complicated. Both D and B have distinct claims over the property and there are chances of litigation. Both Parties can put forth a case.

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