Legal Question in Real Estate Law in India

I am intrested in buying a flat which is built in 2005 and is for sale.
the land which was promoted for the flat has the history of 120 yrs.
in 1893 the land was registered in a persons name. she did not have any issues. so she adopted her husbands brother son. ( no proof for adoption). the adopted son did not have any issues and the property moved on to his brothers(3). ( with no legal certificate). then the property was enjoyed by all of them.(40) they all jointly made agreement and transfered to a person in 1990. after which the promoter got the power of the property in 2004 and build and sold the flats in 2005.
can i go ahead and buy the flat from the owenr of the flat with out this leagal heir certificate and no adoption certificate?
how much long years of history we need to check when we are buying a property.
in the ec - i can see that 40 persons name transfering it to a person in 1990 and then to builder in 2004 and to the current owner in 2005.
i want to purchase a property which is free of problems as its a life time investment for me.
please advice.

Asked on 11/07/09, 4:33 am

2 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

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Please provide all the document copies for perusal and advice.

This is because your understanding from the document study could be different than what I would understand.

You are absolutely correct about being careful in purchasing a property which involves life-time-savings. Please do not take a decision to buy or not to buy based on narrated facts as above as may laws will affect inheritance and property transfer and only when facts are studied in full detail any final conclusion can be arrived at.

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Answered on 11/07/09, 8:22 am

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