Settlement cancellation deed regarding...

Querist : Anonymous (Querist) 14 September 2011 This query is : Resolved
Hi, I'm planning to buy 1 acre of land. The land belonged to A(Mother). She wrote a settlement for her 3 grand-daughters(C D E - A's daughter side)in 1993 and registered (Document says 'A' enjoys the land till her death alongside 'C D E' and then property belongs to C D E afterwards and A herself cannot change it). In the same month, she registers a 'Settlement Cancellation Document' and registers it. Afterwards, she sells the property to her son 'B'). B now has an unregistered 'Acceptance of Settlement cancellation document' from C D E. All the other government documents (patta, chitta etc.,) are under the name of B.

Is it legal to buy the property?
Or if getting a 'Registered Consent letter from C D E' (Acceptance of Settlement Cancellation) will allow me to buy the property??

Follow Query

Report Abuse

Devajyoti Barman (Expert) 14 September 2011
Yes you can safely buy the property.
However to be on the safer side make C D E as confirming parties of your sale deed.

prabhakar singh (Expert) 14 September 2011
Is it legal to buy the property?
YES IT IS. ALL B C D E should jointly write the sale in your favor,

Guest (Expert) 14 September 2011
Agree with experts.

Raj Kumar Makkad (Expert) 14 September 2011
I also agree with experts. You should also make yourself confirmed whether the daughters of B are major or not. You go ahead if those all are major otherwise review your decision.

Querist : Anonymous (Querist) 14 September 2011
Thanks to all of your help. The 3 settlements were done on 20/7/93. 'E' was a minor at the time. They made the unregistered 'Acceptance of Settlement cancellation document' on 25/7/93 where father of 'E' signed on behalf of minor. Registered 'Settlement Cancellation Document' for C was done on 29/7/93 and D and E's 'Settlement Cancellation Document' was done on 27/7/97 only after 'E' became a major.

In this scenario, the bank advocate (as we have planned for a loan on this property) said we have to either register a 'Consent Deed' or to make them sign in the sale deed. When we spoke with District Registrar, we were advised of two options.
1) We have to buy document for 8% of the guideline value for 'Consent Deed' - Which is a costly option.
or
2) We can print the same consent deed in a low valued bond paper and get the signature from C D E with their photos on it in front of a Notary Public and should be entered in the Book of Notary Public.

Please advise me on the same..

Querist : Anonymous (Querist) 14 September 2011
Sale to B was done on 30/7/1993

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries