Ketan 17 January 2023

consequnceses of not mentioning confirming party

My wife me and my mother were joint holders .our share is not mentioned in agreement of purchase and hence considered 1/3 by default.my mother died .her 1/3 share was released by my brothers and sisters my wife is joint holder is mentioned in releasedded but inadvertentley she is not made confirming party .there is no dispute with her .what are the consequences.
if subsequntley she signs sales deed or redevelopment deed will it correct inadvertent omisson.

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This discussion explores the implications of a joint property holder not being named as a confirming party in a sale or redevelopment deed. The original agreement defaulted to a 1/3 share for each of three joint holders. Following the death of one holder, their share was released to the remaining parties. However, one joint holder was inadvertently omitted as a confirming party on the release deed, despite no dispute existing. The advice suggests this omission can be corrected by executing a fresh release deed where the omitted party is explicitly included.

2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 17 January 2023

For your mother's share, your brothers and sisters and you also shall release your rights to your wife. If you are not a party in the release deed, now cancel that release deed and a fresh deed shall be executed.