What is Confirming Party in Deed of Sale?


I saw a Deed of Sale in which :

1st Party - Developers

2nd Party - Purchaser Mrs B

3rd Party - Confirming Party Mr B

SO who is the actual owner? Mrs B or Mr B or both jointly?

If someone wants to purchase from Mrs B, can Mr B act as the seller alone?

 

Please explain what "Confirming party actaully means and its rights and obligations.

 
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LAW OFFICER

Query is not clear whether 3rd party is power of attorny holder if yes then 2nd party is real owner


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The husband is the confirming party while his wife is the purchasing party. The husband hasn't shown me any power of attorney papers and insist that his wife have given the right to sell to her husband.

Should i demand Power of Attorney?

 
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COMPANY SECRETARY

Hi,

 

As per what you tell, it is the wife who is the owner of the property.  Husband (as a confirming part)  only means that he has no objection if the  the property is held in the name of the wife.  

It appears to be a case where the money has been provided by the husband but the property is held in the name of wife.  [Benami Transactions (Prohibition) Act permits this].  Only the wife is the owner and only she has a right to sell.  But by way of prudent caution, if you intend to buy the property, obtain signature of the husband also - again as a confirming party.

In case the husband produces a power of attorney from his wife, make sure that it contains the right to sell.  In that case, you must also take one more precaution - the sale deed must be signed by the husband twice - once as attorney for his wife and again  on his own behalf as confirming party.

I hope it helps.

 

SKV


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Thanks a lot for clarifying the issue and appeciated.

 
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Proprietor

This aspect of confirming party comes mostly in cases of buying properties having several claimants and if the purchaser intends to purchase by settling with all the rival claimants at the time of purchase, other claimants would be shown as confirming parties. To avoid any sort of further litigation, when the purchaser has the knowledge that some other claimants also claiming some rights (either in courts or otherwise) over such property and he is willing to settle the disputes with scuh other cliamants can show them as confirming parties. It means though they are not entitiled over such property with absolute rights, confirming the sale transaction by joining with the sellers/vendors.

M.Hari Mehar

Advocate, Visakhapatnam

9246625646


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Thanks a lot Mr Mehar for such lucid and clear explanation of this term

 
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sir, what if confirming party again starts making claim in  the same property  which he has sold.   

 
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Proprietor

Such party being the executant of the deed, is estopped under the principal of estoppel. No person who declares or represents anything as true to other person so as to act upon such declaration or representation, can not deny.

section 115 of evidenc act can help in such case.

115. Estoppel.—When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

M. Hari Mehar, advocate, 9256625646

 
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Mr Hari Mehar : I liked your explanation about the confirming party. Below mentioned is the starting page of agreement how do we incluse the confirming party clause for eg Mr. Maruti as confirming party (co-parsener of HUF).

This Agreement made and entered into at Mumbai on this ____ Day of _____, ____ BETWEEN HUF through its karta __________________,an adult Indian Inhabitants residing at ______, hereinafter called the “TRANSFEROR” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, executors, administers and assigns) of the ONE PART

AND

MR. NIRMAL, an adult Indian Inhabitant of Mumbai, residing at _________, hereinafter called the “TRANSFEREE” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his respective heirs, executors, administers and assigns) of the OTHER PART:

 

Thanks

 
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