• Sale deed not signed by other partner of the firm

Sir 
Recently i bought a plot of 30x40 from a layout developed by firm called XYZ builders. Whose partners are kamalesh and ravi ( names changed ). 
We fixed one auspicious day for registration. Before three days of registration kamalesh called me and told ravi is not well , so he cannot come to registration office. Dont worry i will talk to sub registrar and make necessary arrangemets to go to ravis home and get his signature photo and thumb impression. I said ok.


On the day of registration kamalesh told me that sub registrar is demanding huge amount to go to ravis home for taking ravis signature thumb impression and photo. 
Then he told ok we can do one thing that. I will remove ravi name from seller list in sale deed and go ahead with sale deed registration. Later in one or two weeks once ravi is recovered we can execute confirmation deed from ravi. 
i agreed for the same 

Its been two months now. Whenever i call kamalesh he says we will do next week next week. Everytime he says confirmation deed is not needed as property is in my name only. But when i talk to ravi he says confirmation deed has to be done from my side.

I dont know what to do now?
Even if i get confirmation deed from ravi, will it be legally has any value.


Please help me
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

Deed of confirmation signed by Ravi should be duly stamped and registered

2) it should confer clear and marketable title to the property

3)if Kamlesh had been duly authorised by the firm to execute sale deed then even if Ravi dies not execute deed of confirmation it would confer clear title to you

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

as per mOU kamlesh is authoirsed to execute sale deed in favour of the purchaser

2) kamlesh represents the firm XYZ builders

3) however advisable that other partner execute deed of confirmation

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. Since Mr. Ravi is one of the partners with Mr.Kamalesh in the firm XYZ Builders and the signing authority by only Mr. Kamalesh on behalf of the firm has not been delegated to only one partner, the Sale Deed executed by Mr. Kamalesh is defective.

2. Rectification Deed has to be executed by both Mr. Kamalesh & Mr. Ravi in your favour in respect of the property.

3. However it is advisable to get the documents checked by an Advocate to arrive at the correct opinion.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
316 Consultations

5.0 on 5.0

In terms of MOU the authority had been given to Kamlesh to execute the sale deed, but the sale deed has to be mandatorily registered. However, confirmation deed should be executed by Ravi so that the title becomes clear and marketable.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

I dont know what to do now?

Even if i get confirmation deed from ravi, will it be legally has any value.

You have done a mistake of hurrying up the registration process without observing the proper formalities in this regard.

You should have got the parent or link title deed verified and the title to the vendor should have been confirmed before the registration process started.

Now it will be difficult to get the papers signed by the other person too.

Even now i is not late tht you contact an advocate i the local and obtain his opinion and suggestion move further in this regard by producing all relevant documents.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Since in my case sale deed executed only between kamalesh and buyer ( myself ), sale deed is not legal without ravis confirmation deed .?

Does that mean Ravis confirmation is a must for my case ?

If confirmation deed signed and executed by Ravi in yor favor is not made available then the sale deed now in your possession may be challenged by anyone in the future and may even say that this is an invalid document hence the title on your name is not confirmed.

Better rectify the issue now itself before it is becoming too late.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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