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A fighter (NA)     07 October 2023

Correction of legal errors in sale deed

Posting again as some issues, am unable to view respponses made earlier.

Hi Experts,

My Sister had purchased a Flat in 2019. Here are case details:

1. Seller (one of our relatives) had a joint property in the name of husband and wife. 

2. Wife was deseased at the time of purchase and the children were minor at the time of purchase. 

3. Seller produced a Heirship Certificate and same is mentioned in Sale Deed. 

4. Agreement of Sale and Sale Deed executed between Husband of deceased wife and My Sister (purchaser) in 2019

5. As per Heirship certificate only Children are mentioned as Legal Heirs and their names are were mentioned in Sale deed and they were minor in 2019

6. Now both children turned major and they executed a Release Deed in 2023 in favor of Father, giving out all there shares to Father. 

Query - Is property Title clear now Or Is there anything needed to be done to correct legal errors made during purchase and sale deed execution. Some are saying it may attract stamp duty for children's share, but I feel all the stamp duty paid at the time sale deed done on property sale valye. Is the Sale deed executed in 2019 Valid? Will there be any issues at the time of sale of this property.  Please suggest. Your valuable inputs will be highly apreciated.

Thank you

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 October 2023

The stamp duty paid towards the sale consideration amount paid at the time of execution of the original sale deed  by the buyer would be sufficient and there is no necesstiy for paying any additonal stamp duty anymore.toweards the execution of the registered release deed executed by the children of the joint owner who executed the sale deed in favor of your sister 

Dr. J C Vashista (Advocate )     08 October 2023

 

 

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Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=285335

 

What is the actual problem / dispute for consideration and obligation of experts ???

A fighter (NA)     09 October 2023

Dear Dr Vashista - Please refer to above issue on "Correction of legal errors in sale deed". Thank you.


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