sanjay (scientist) 27 October 2009

"consenting witness"

Dear Sir/Madam,

I am buying an apprtment and it come from the Land-owner share. I have entered e in agreement with Builder . The land-owner has executed Power of atornery in favor of builder . This GPA is executed in office and in presence of Notary and this not register GPA( i mean in sub-registrar office). The builder is ececuting the SALE DEED in the the same draft ( which he has for his shares) and putiing land-owner as "consenting witness".

My quetion is , Is there any chance of landowners creating problem in future?

thanks

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4 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 28 October 2009

GPA for sale of property is of late a compulsryly registered. Even if the landlord signs as a witness, It is not a safe step. There are dictum on either side in this regard. Hence better get a direct sale deed from the land-lord or insist for giving a registered GPA

Kiran Kumar (Lawyer) 28 October 2009

get the GPA registered.

otherwise it is not a safe transaction.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 28 October 2009

If landowenr can become witness why not vendor? There is a doubt in whole story. it is dangerous to believe upon them.

sanjay (Scientist) 29 October 2009

Originally posted by :sanjay

Based on GPA ( the Notary) , new members ( aprox 40) are entering in to the Agreement. The land-owners are selling their portion through Developer only. And may be for tax purposes or ccost involed in the registered GPA , they didd not go for REGISTER GPA. As per the sale Agrrement, bank is giving DD in favor of Builder. and Land Owner are signig the deed as "CONSENTING WITNESS" .

I would like to know

a>what is meaning of CONSENTING WITNESS

b> If the CONSENTING WITNESS bindings are same as CONFORMING parties

Thanks for you advise