Joint Agreement of father & Son..
Sabahat Sayed
(Querist) 29 November 2009
This query is : Resolved
A father and a son both have a flat in their Joint Names i.e. both have signed a JOINT AGREEMENT. The maintainence receipt comes in fathers name only.But, the son is not aware whether the SHARE CERTIFICATE issued to them from their society does bear his name with his father jointly or the share certificate has his fathers name only on it.
At present the son is residing seperately from his father because there are some disputes going on between the father and son, the son wants to know whether can the father sell the said flat alone without knowledge of the son and without any share to son? Asking for urgent reply.. Thanx
A V Vishal
(Expert) 29 November 2009
If the flat is held jointly then none of the party can sell the property without the knowledge of others. Further you have mentioned about the joint agreement but did not mention details of the same in your query.
Sabahat Sayed
(Querist) 29 November 2009
Dear Sir, Please let me know the detail awaited by your good swlf. Thanx
joyce
(Expert) 29 November 2009
I adopt vishal answer
A V Vishal
(Expert) 29 November 2009
What is the joint agreement regarding?, I presume that the property is owned jointly by your father and yourself.
sanjeev murthy desai
(Expert) 29 November 2009
If the said Flat purchased by you and your father jointly under a Sale Deed, then your father cannot sold the said flat without consent of you.
But flat purchased by your father as a sole owner under a Sale Deed, then your consent no need.
niranjan
(Expert) 29 November 2009
You can find out from the society whether son's name is there on record of the society or not.If son's name is appearing,then son can write to the societyt that without his consent share cert.may not be transferred.
Raj Kumar Makkad
(Expert) 29 November 2009
Niranjan! There may bot be involvement of society in the aforesaid matter as the house may be situated in any colony or city.
I think the quariest wants to ask that he and his father both had signed the agreement to sale (purchase for them) but the house was solely purchased by his father and his father also got the same entered in the relevant record and in the background of these facts, has he (son) got any right in the property?
My reply is no. The son has got no legal right in the aforesaid property and his father can sell or use the property exclusively as per his whims and wishes.
If the sale-deed has been executed in the name of both then none can sell the share of other person but can sell his share only and the possession of the entire property can be given to the buyer.
Sabahat Sayed
(Querist) 30 November 2009
Dear sirs, Thanx for ur valuable advices but i would like to make it clear that father and son both have signed joint agreement and both have equal right in the flat but he son us not sure whether his name is in share certificate or not or only his fathers name exist. so if suppose his name is joint in agreement but his name is not mentioned in share certificate (as son is not aware), can the father sell the house alone if the sons name is not in share certificate.
does no name in the share certificate loose the right of son in property even though his name is joint in the agreement with his father?
I just want to know this if there is no name of son in share certificate only his fathers name exist so can father sell the flat alone taking no name of son in share certificate as a advantage?
PLz advice..
A V Vishal
(Expert) 30 November 2009
No father alone cannot sell
