Legal Question in Real Estate Law in India

selling of a property

I have a query related to BDA site.

My father is having a BDA site in bangalore. Now he wants to gift me.

He cannot sell it, becos there is strict rule that BDA sites cannot be selled with in 10 years.

So now how to solve this problem legally. How can he transfer the site in my name legally so that in future there won't be any complication.

Will writting a will solve the problem?


Asked on 9/09/06, 3:36 am

2 Answers from Attorneys
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: selling of a property

Dear Sir,

gift and sale are transfering of title of a property.

even for writing a will, he should posess absolute title over the property.

If your father wishes to transfer to your name he should do by a will deed but again the issue is that the said Will can be cancelled and re drafted at any point of time in future by your father.

Pleae mention the date of allotment and other details so that I can help you out.

Panuranga Acharya

9886742609

Read more
Answered on 9/14/06, 1:01 am
Chittaranjan Bairisal Bairisal & Associates

Re: selling of a property

If there is a condition for non transfer of the BDA land then gift is not possible. Gift is also a form of transfer. It is better to go for a WILL, but the same will come into force only after the death of your father and after it is probated in the court of law. If you are the only heir of your father, nothing is necessary, the property will devolve upon you automatically after the death of your father.

Read more
Answered on 9/09/06, 2:21 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India