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Sale deed

(Querist) 16 February 2012 This query is : Resolved 
Hello to Experts.

My query is as follows :

Sale Deed in respect of a Residential House is executed by 'A'the vendor in favour 'B', the Purchaser. 'A' signs the sale deed. Sale deed is stamped & is registered at Sub-Registrar of Assurances. However, the deed is signed by 'A', the vendor and not signed by 'B' the purchaser. Although name of 'B' is mentioned in the Sale Deed as Purchaser. The Sale deed was executed in the year 1990 in Gujarat.

(1) Whether it is a valid transfer
(2) Whether B is a legal owner of the property
(3) If it is not a valid transfer what can be done to make it a valid transfer now.
(4)Can a Sale deed executed as above can be produced before court of law as an evidence
ajay sethi (Expert) 16 February 2012
how is it possible?

it appears to be a hypothetical query .

registrar wont admit document for registartion unless document is signed by bothe parties in his presence
A V Vishal (Expert) 16 February 2012
It is a valid document.
Nadeem Qureshi (Expert) 17 February 2012
I agree with Mr. sethi
Surender Kumar Sharma (Expert) 17 February 2012
Dear questioner
This document is a valid document and effective , Signature of the purchaser is not compulsory, if in the body of the document it is mentioned that received the full sale consideration amount, given the physical possession of the property to purchaser and have no objection if the title of the said property will be transfer in the name of the purchaser. ....., dispute arise when purchaser say I have not purchase the said property, because if purchaser does not agree than this contract is not completed.
dev kapoor (Expert) 19 February 2012
Hi,
Simply because a sale deed is not signed by the vendee (or at the time of registration he was not present before the registering authority) it does not by itself make the sale deed null & void.This sale deed is perfectly valid for all purposes.
Manoj (Querist) 19 February 2012
Thanks to all experts


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