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sreenivaspeddiraju   31 March 2017

Declaration deed

Dear Lawyers:

About 16 years back, I have purchased part of a property from  A and his brother B signed as witness. A's legal heirs signed as well. B's legal heirs didnt sign on sale deed.

A and B  got this proeprty from their father. A and B created a un registered partition agreement between them and partitioned the property before the sale. My sale deed mentions about the partiion agreeement, but we dont have a copy of it.

Now is this title is clear legally  and by any chance can B's heirs claim the property in future or question the sale ?

As advised by one lawyer we approched B to get his sign on a consent deed which he is denying saying since he witnessed, consent is already given. What is witness role in this ?

I was rejected by my finanacing bank to grant a home loan due to the fact that A and B didnt register their partition agrement.

Do i need to have a declaration suite so in future this sale doesnt attract any disputes? or i can get home loan.

Regards

Sree

 



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