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Krishna Chaitanya   15 November 2016

Sale agreement - consenting witness

Hi All,

I am taking a apartment in Bangalore. My father's name and my name are mentioned in the sale agreement. Also, my father is helping financially in this regard. He has already passed few cheques which I have given to seller and mentioned in the sale agreement.

He stays in a different a state and can't come to Bangalore for any of the formalities of purchase and loan.

Now, we want to cancel the previous sale agreement and frame a new sale agreement where only my name will be included. 

The seller wants my father's signature as a consenting witness in the new sale agreement.

Now the question is:

If father is a consenting witness, does he need to be there during sale deed/registration or while applying for home loan?

Does he has any legal rights over the property?

 



Learning

 10 Replies

Kumar Doab (FIN)     15 November 2016

He has paid by cheque. So you owe him.

If he signs that he is out of previous agreement or as consenting witness then that does not seem to be improper.

 

1 Like

Kumar Doab (FIN)     15 November 2016

'Buyer Beware' applies to property matters.

It shal be proper to avail legal opinion from a very able counsel specializing in revenue/property/civil matters and show all dcos on record, including agreement and any amendment.

The seller should preferably sign in your presence.

 

1 Like

Krishna Chaitanya   15 November 2016

Thank you Kumar for your quick response.

My father will sign on the cancellation of agreement. And he will also sign on the new sale agreement as a witness. However, we don't want him to sign as consenting witness in the new sale agreement, as he might have to come down to Bangalore for sale deed/registration as well. Is that fine?

The seller is insisting me to take my father's sign as consenting witness in the new sale agreement. Will this lead to a situation where he has to come to Bangalore for registration? Please advise.

adv.bharat @ PUNE (Lawyer)     15 November 2016

Yes as consenting party he need to sign it before the registrar and give his thumb and photo for registration process.

 

Will u appreciate this answer by giving THANKS on my LCI profile?

1 Like

Krishna Chaitanya   15 November 2016

Hi Bharat, Thank you for your quick response.

What If my father signs on the cancellation agreement and signs as witness on the new sale agreement. Is this valid as per procedure? Will it lead to any legal issues later? Please advise..

Kumar Doab (FIN)     15 November 2016

By Limited Understanding: Not neccessarily.

 

It shall be proper to show the said agreement(s) to a very able counsel specializing in revenue/property/civil matters. Preferably let your own counsel draft the agreement.

Your father is apparently a signatory to cancelled agreement and a consenting witness to new sale agreement.

There is no harm in him being witness to sale deed also.

Rest is your own amicable settlement with seller.

 

 

 

1 Like

Krishna Chaitanya   15 November 2016

Thank you Kumar,

Is it mandatory to get his signature as a consenting witness in the new sale agreement?

Any alternatives in case my father can not attend the registration process in Bangalore? He stays in a different state.

 

 

Kumar Doab (FIN)     15 November 2016

It is a practise so as to avoid any complications, as already noted by you.

The cancellation of agreement and signing new agreement is your own requirement.

The seller although has agreed to your request however, seller  is minding his interest.

 

Hence you are being asked to agree to terms so that his interest is defended.

IF legal opinion is availed by you and there is NO defect in title, EC,approvals etc etc  and property is worth, then you need to take a call on it.

 

He (father) has paid by cheque. So you owe him on record. If you are apprehensive clear those transactions and obtain acknowleedgment.

 

OR ask the seller to return the funds by cheque/DD to same persons that paid by cheque, and narrate these during cancellation.

 

All said and done Online discussions have its own limitations and prefer to consult your own able counsel as already suggested.

 

Your father as consenting witness is not owner.

 

 

 

Krishna Chaitanya   15 November 2016

Thank you Kumar..This really helps!!

Kumar Doab (FIN)     15 November 2016

You are welcome.


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