Rahul (Teacher) 16 October 2017

Property title confirmation

I am planning to buy a plot in Indirapuram Ghaziabad. GDA allotted plot. Initially this plot was purchased by 3 partners. one of the partners died and other 2 partners created "waris nama" from deputy magistrate for his wife and 2 sons. The mutation of this property was done in the revenue records in the name of 2 partners and wife along 2 sons of deceased partner. Later one partner purchased his portion from other partner via registered sale deed and then purchased another portion from deceased partners wife and 2 sons via registered sale deed.

Now we have all the chain documents complete including

1. Waris Nama

2. Death Certificate

3. Registered sale deed ( wife and 2 sons)

4. Mutation - 2 partners and wife and 2 sons of deceased partner.

My questions is - can we go ahead and purchase this plot , do we have all the title documents clear ? Waris nama says - its not valid for more than Rs,5000 and not valid for property transfer. I checked with few lawyers in Ghaziabad and some said this is good to go and some said court letter or succession letter is needed which is not a easy tasks to get

Please help me what should I do and what all documents should I have from owner ?

Thank You.

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3 Replies

manoj 17 October 2017

as per your explanation in the query the transaction is done according to legal aspects. But unless we see the Partnership deed we cannot give you opinion on this issue.

manoj
advocate
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Sharda Ramachandran 17 October 2017

Hello, My Aunt gave some portion of amount to buy house 17 yes back.however that property is in her husband's name. aunt asked him to include her name as a co-owner of the house. But he is denying to do so. He says will get after his death. However my Aunt has an apprehension that he will sell the house and for her protection purpose she want her name to be included as coonwer. They have no children. Please suggest is there a way for it?

Rahul (Teacher) 17 October 2017

There is nothing like partnership deed created as such. its just 3 peoplr purchased the plot and out of which 1 died without any will so the other 2 owners helped family (wife and 2 adult sons) with waris Nama and got the plot mutation done in 3 names 2 partmers and wife and 2 SONs od deceased partner.

Should I ask for Indeminity BONd from the seller or the legal hiers of deceased person ?

or these docuemnst are sufficent for this deal. I will appriciate all your help

Thank You