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Chandan Talukdar (e)     02 June 2014

Signatures required during sale of a self acquired property

Hi,

I have paid advance and booked a 2 bedroom flat recently in Bangalore. The building has 64 flats and out of which, around 30 are from land owner's share and rest are from the builder (developed as JDA). The flat that I have booked is from land owner. The land owner has wife, son and a daughter in his family. And they have confirmed that, only the owner will sign in the registration document. The son will also sign as witness. As the property is a self acquired property, owner's wife and daughter are not required to sign in the document. I have the following questions and need your valuable advice.

1. Is this correct that only land owner's signature is sufficient in the registration document and his other family members signatures are not required.

2. If only land owner signs in the document, Is it possible that his son or daughter or anyone can claim the  flat later (say after 6-7 years) as a result of some will deed or gift deed.

3. Is it possible that after the death of the owner, his son/daughter can claim the property as a will deed mad by the owner himself. 

3. Any other consequences that might occur, if only the land owner signs.

Your valuable advice will help me in going ahead to buy the flat.

Thanks in advance.

Chandan



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 June 2014

On the basis of your iformati9on that the property is self acquired property of the owner,:

1) The owner's signature alone in the registered sale deed will be sufficient and there is nothing wrong in any of his close relatives signing as witness to the deed.

2) No.  What is the issue about Will?, did the owner acquire the said property through a Will?

3) After executing a registered sale deed by the owner in favor of the buyer, nobody has any rights over it in the future except the buyer provided the seller has valid and marketable rights to sell the property.

For your next question, what is that you anticipate in the name of consequences?Lastly, have you consulted a local lawyer and obtained his opinion before entering int the sale agreement to purchase the said property?, if not, please do it without any further delay and before getting the sale deed registered in your favor.


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