Signatories to sale deed
Querist :
Anonymous
(Querist) 16 March 2020
This query is : Resolved
My mother, then aged about 19 years, had purchased a residential property in Mysuru, Karnataka during 1954 from an original owner of the same, through a registered sale deed. The original owner was a private person who was allotted the property during 1940 by the then CITB (City Improvement Trust Board), now MUDA (Mysore Urban Development Authority). My mother has three children, two sons and a daughter. She gifted about one third of the property to the daughter through a registered Gift Deed during 2002 and the remaining portion to her two sons (self and brother) through two separate registered Gift Deeds during 2012. Now, myself, the eldest son, and my brother (second son of my mother) want to sell our respective portions of the property, gifted to us by our mother, to a single buyer (or two different buyers depending on who offers the highest price). I have a wife and one son working abroad and my brother has a wife and one daughter working at Bengaluru. Please advise, who all are required to sign the two sale deeds, under Law, one between the intending buyer and self and the second between the intending buyer and my brother.
Thanks and regards
S G Siddesh
kavksatyanarayana
(Expert) 16 March 2020
Only you can sell your property and other signatures are not necessary. Likewise, your brother can sell his property without other signatures as you both got the property by two separate gift deeds.
Querist :
Anonymous
(Querist) 17 March 2020
Hello!
Thank you sir for your kind reply. I want further clarification as to whether the signatures of the respective spouses and offspring (children) are also required on the sale deed as per law? If it is absolutely necessary as per law, as my son is abroad, what has to be done?
SHIRISH PAWAR, 7738990900
(Expert) 17 March 2020
Dear querist,
As property is in your and your brother name therefore you both are competent to sign and transfer the property to prospective buyer. No need signature of wife and sons or daughters.
Regards,
Rajendra K Goyal
(Expert) 17 March 2020
You and your Brother are owners of the property gifted to both of you by your Mother.
Spouse / children of both of you have no share during your / brother's lifetime.
You and your Brother can sell their respective individual share without signatures of your or your brother's spouse / children.
T. Kalaiselvan, Advocate
(Expert) 18 March 2020
The share of properties transferred to you and your brother by executing a registered gift deed by your mother becomes your own and absolute property.
The property which your absolute property can be disposed by you and your brother his property in the manner you both may decide and in the mode of transfer to anyone of your choice or decision.
You both need not obtain any signature or consent or permission from your wives or children to dispose the property as per your desire and decision.
They do not have any rights in the property at least not during your life time, therefore there is no necessity form them to sign the registered sale deed as even confirming parties to the execution of sale deed.
T. Kalaiselvan, Advocate
(Expert) 18 March 2020
The share of properties transferred to you and your brother by executing a registered gift deed by your mother becomes your own and absolute property.
The property which your absolute property can be disposed by you and your brother his property in the manner you both may decide and in the mode of transfer to anyone of your choice or decision.
You both need not obtain any signature or consent or permission from your wives or children to dispose the property as per your desire and decision.
They do not have any rights in the property at least not during your life time, therefore there is no necessity form them to sign the registered sale deed as even confirming parties to the execution of sale deed.
Raj Kumar Makkad
(Expert) 18 March 2020
I endorse the advice of T. Kalaiselvan and want nothing to add.
KISHAN DUTT KALASKAR
(Expert) 19 March 2020
Dear Sir,
It all depends upon wishes of your prospective buyers. Normally to avoid future complications the prospective purchasers ask you and your brother to sign the sale deeds along with your grown up children as consenting witnesses. There presence is not necessary if they execute Power of Attorney in favour of their respective blood relations.
Querist :
Anonymous
(Querist) 23 March 2020
Thanks to all experts for their valuable advice. Now, I wish to ask a follow up question to my original query. When I posted my original query, I had not written about a particular mention in the sale deed dated 11th October 1954 executed by the original owner in favour of my mother, which when translated from Kannada into English conveys the following meaning:
" since your father, for the purpose of fulfilling his desire to gift you a residential house suitable for living, with full blessings by way of 'HARISHINA' (haldi in Hindi) 'KUMKUMA' (kumkum in Hindi) is himself remitting the entire consideration, the said sale consideration will be received by me in the presence of the Sub Registrar at the time of registration"
The endorsement by the Sub Registrar on the last page of the registered sale deed reads as:Quote: " Rs xxxxx in words (Rs ...... in figures) only. Paid in my presence by
to: ------------------ --------------------------
Vendor's signature signed by my mother's father
Alongside his signature, he has written
for-------(my mother's name xxxxxxxx
alias yyyyyyyy) (both her names) "
In view of the above, my query now is whether such a mention about 'HARISHINA and KUMKUMA' and 'gifting' in the sale deed executed by the original owner in favour of my mother will make any difference to the persons required to sign in the sale deed/s to be executed separately by self and brother in favour of the prospective buyer/s in respect of the portions separately gifted to me and my brother by our mother in 2012?
Raj Kumar Makkad
(Expert) 23 March 2020
It shall not affect who signed on behalf of the buyer at the time of the registration of the sale-deed. Only seller is required to be present in person or through his duly GPA having specific rights to sale.
Your mother is exclusive owner of the said property.
Rajendra K Goyal
(Expert) 24 March 2020
These seem to be certain traditional expression. Would not effect the status of sale deed.
