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KSV (Manager)     16 May 2014

Ancestral sale and purchase of new property

Dear Sirs,

I have 2 queries. Request your advice please

1. I am selling my inherited property. This property is my name only  through a  registered release deed from my father. My Father has got this bifurcation done through a proper registered partition deed with is brother. Now I have 2 Sons ( one 18 years and other 16 years). My Buyer now is insiisting to put my sons as Vendors in the Sale deed. He is also insisting that he will give equal shares to three of us.  My question to him was why not put them under Consent witness and add a paragraph in the sale deed  that my sons dont have any kind of claims in future. Is my question valid? He is still insisting that they will come under vendors only.

2. I am buying a new property now. Do I have to add 2 sons now as purchasers in the sale deed? Is ithis mandatory.

For purchase of the new property I have to go in for a home loan. To get the home loan sanctioned, the bank is insisiting that I have to add my sons as co applicants. But the complication now is that sons are less than 21 years and hence cannot be added as my co applicants. They are rejecting my loan application. Is there a wayout because I need the home loan to purchase the new property?

 



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 1 Replies

adv.raghavan (Advocate,9444674980)     16 May 2014

You have not mentioned about any siblings of yours. If your father had mentioned any thing about your kids in release deed, then it is acceptable to get their consent. On the contrary if you happen to be sole legal heir, and he has not mentioned about your kids, i think there is no need to get their consent for sale of this property. Generally bank will insist wife to be co applicant,failing which they may opt for blood relation as co applicant. Will be in a better position to advice if we get more information in this regard.


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