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Ketan   08 January 2023

Confirming party

I mywife and my mother purchased
flat in joint names in 1993.my mother died in 2008 .recentley release deed is made and registered between legalheirs .my brothers and sisters are releasors and I am releasee.since share of each party is not defined in agreement it is taken as 1/3.1/3 share of my mother is transferred to me.my wife's1/3 share remains intact.my wife is not made confirming party .is it mandatory?deed is registered .
if not mentioned what are the consequences and what action is required to correct the situation if it is manatory.please guide me.


Quick Summary
A query arises regarding whether a wife, who is a joint owner of a property purchased in 1993, needs to be a 'confirming party' on a recently registered release deed. The deed transfers the deceased mother's share to one of the joint owners, but the wife was not included. While there's no dispute, the consensus is that as a joint holder with a defined share, she should ideally be a confirming party. If omitted, a Ratification Deed may be necessary to correct the situation.

 6 Replies

Sudhir Kumar, Advocate (Advocate)     08 January 2023

your siblings (and you) have equal right from the share of mother.

 

They can claim nothing from your wife's share.

Ketan   08 January 2023

my cocern is do my wife is required be made confirming party ?since she is a joint holder.there is no dispute with her

kavksatyanarayana (subregistrar/supdt.(retired))     08 January 2023

Though there is no dispute she has to join you as a party because she is having a share in the property.

Ketan   08 January 2023

deed is registered how i make her party now please guide

kavksatyanarayana (subregistrar/supdt.(retired))     09 January 2023

Through Ratification deed. Consult a local lawyer.

Ketan   09 January 2023

can we revoke old one snd make fresh releasedded.kavksatyanarayanji please guide

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