U.Narasimha 07 July 2016

Sale of self aquired property

my father is 84 years old and is in good mental and physical health and wishes to sell a plot of size 40'X38' which is situated at BEML layout Rajeshwarinagar,Bengaluru-98 for which he is the sole owner,& the plot is free from any encumberances with clear title deed and self aquired by my father.

My mother is no more and my elder brother,younger sister,& myself are my fathers legal heirs., because of my fathers advanced age buyer of the plot is insisting that all three legal heirs should be present during registration and sign in the witness column of the sale deed.

I am at present working as a senior level executive in PSU and posted at Visakhapatnam, due to official work i am unable to travel to Bengaluru for attending the registration.

Pl advise whether I can submit an No objection certificate on bond paper attested by notary

U.Narasimha

Reply Follow

6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 07 July 2016

Sir,

Relinquishment Deed will also work.

Warm Regards

Kapil Chandna Advocate

9899011450

Kumar Doab (FIN) 07 July 2016

You have no rights in the said property that you can relinquish.

Ask the buyer if he shall be satisfied with any other declaration!

JustAdvisor (IT) 07 July 2016

Witness to an agreement merely certifies that he saw parties to agreement sign it. he has nothing to do with contents. so you brothers signing as witness does not relinquish any rights you may have (if any) in my opinion.

Kumar Doab (FIN) 07 July 2016

The buyer wants all legal heirs to be consenting witnesses.

vijay (labour) 07 July 2016

It is better provide Notary attested copy to buyer. His/buyer also insisting that no one of leagal heirs should come later for any issue. This is to satisfying the buyer and saver for him

vetrivelan.s (Consultancy ) 08 July 2016

Mr.Narasimha & all legal heirs,

First of all Let the almighty give long years to your father to achive 100.yrs. Since he has sound mind & health as you have correctly mentioned that it`s a self acquired and free from all encombarnce he is the sole and absolute right over the property and can act/do as he likes.( can dispose and give the benefits to wish).

As such Legal heirs has nothing to do,since they have No right. But for the buyer`s appended caution you all may give declartion / affidavit stating that at any time even later on will not claim any manner whatsoever. this may satisfy the buyer.

With best wishes to you all, and Prayer for long living of you father.