• Property in name before marriage but seller wants money in name after marriage

I am planning to buy a property which has fallen under the name of 2 sisters through partition suit filed in the court by a family member (I have that copy). The name in the partition suit and Khata (Bangalore development authority records) is the name before marriage, even though the suit was filed post their marriage. The court order has their husband's name as well (Eg. V Shashikala, W/O Sri R Rao) However, sellers want the money in the changed/new name after marriage. Their lawyer is telling me we can include both the name in sale agreement and deed (Eg. V Shashikala also known as R. Shashi) and put a notarised affidavit of name change.
Can someone please guide me if this is the right procedure and I will not face any problem later?
If not, please let me know the right way to go ahead with this transaction.
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

1.There is no illegality in the demand of the seller.You can put both the names to remove any doubt.

2.An affidavit would further remove doubt on the name issue.

3.Hence i would advise you to use both the maiden and subsequent name/surname in the agreement in addition to an affidavit preferably made from the Magistrate.

4. Using tow names of a same person is very much permissible in the deed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Sir,

Yes, suggestion made by their lawyer is correct procedure to include both names as "Sharada @ Susheela"

The other requirements are as follows. For more details please visit the link.

1. Sale Deed:

A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.

* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.

2. Mother Deed:

Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.

3. Building approval plan:

A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.

4. Commencement Certificate (For under construction property):

http://blog.homeshikari.com/12-important-documents-check-buying-property-2-795/

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can include both names in sale deed

2) request for marriage certificate to be enclosed to sale deed

3) if name has been changed pursuant to gazette notification it should be enclosed to sale deed

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Ur lawyer is right. It is the same person just name changed after marriage

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Before marriage, it will be father's name followed by husband's name after marriage. As the dispute is finalized after marriage, their husband's name would have been included. When you buy the property, as advised by your lawyer included both names and get it notarized. The sale consideration can be credited to their existing account either in their previous name or along with husband's name.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1) you can go ahead and do the transaction, insert in the agreement both names pre & post, like this in through out agreements document " Pre marriage Name and Post marriage Name" , attached affidavit of name changed too.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

This is right procedure.

Just get an affidavit that both the names are of the same person and just the name is different.

Both the names can be included in the sale deed.

Go ahead with the transaction.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The name change affidavit and newspaper publication effecting name change and a public notice in a local newspaper inviting objections against this purchase allowing 15 days time and the sale deed with both names of the seller as alias may be a proper way to proceed in this regard.

There is nothing wrong in accepting the sale deed executed by the vendor if the legal procedures are followed scrupulously as suggested, provided other aspects are legally tenable and a proper legal opinion was sought from an experienced lawyer in the local in this regard.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi, you can put both names before and after the marriage for (ex;-V shashikala also known as r.sashi before marriage)..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Once the name V. Shashikala alias R. Shashi is mentioned in the sale agreement and deed, you will not face any problem later as it would prove that V. Shashikala and R. Shashi is the one and the same person. As you know, after marriage name of ladies get changed with the name of her husband. Keep a copy/original of the affidavit of name change.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

1. Ask the said seller to execute an affidavit before a 1st Class judicial Magistrate affirming that her name was such and such and after her marriage with Mr. R.Rao, her name has become such and such and both are the same person. It also should mention that she wishes to be known as per her new name hence forth.

2. After affirming the said affidavit, the sale agreement and also the sale deed should clearly mention in the recital the fact of her names before and after her marriage and also her said affidavit also mentioning that as per her said affidavit, she will sign and take the consideration as per her changed name.

3. After completion of the above steps, you can buy the property from her dealing with it and collecting the consideration in her changed name.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Yes. That's the right procedure.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

No big deal, in the sale deed at introduction of parties - V Shashikala, W/O Sri R Rao and after marraige name change to R. Shashi and both are one person same is sufficient. Also annexed ID with new name also.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No you can file a affidavit of deed poll stating that both the names are of same person along with the copy of gazette notification with the Same. You can state the same in sale deed too

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

As per section 29 r/w 30 of the Guardian and Wards Act, 1890 no guardian can deal with the immoveable property for sale or lease without the permission of court.

So taking permission of court becomes sine qua non for validity of such transfer.

Now in your case if the transfer has already been effected as it appears you need only to make the minor a party to the deed or his consent letter.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

For sale of minor share in property court permission is required

Court should grant permission within period of 6 months or so

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

It depends on court's date so can't say specifically

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

The legal position is in case of minor, a guardian should be appointed by the court, in this case father who shall have rights over the minor and property.

It is relevant to extract here under Sections 29 and 30 of Guardian and Wards Act:.

"29. Limitation of powers of guardian of property appointed or declared by the Court.- Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he shall not, without the previous permission of the Court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable

property of his ward, or (b) lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.

Even if minor is a co-nominee to the sale deed, he is required to file a suit to set aside the sale within three years from the date of alienation.

"There is no doubt whatever that a transaction entered into by a guardian relating to the minor's properties is not void and if the minor does not sue to set it aside within three years of his attaining majority it becomes valid under Article 44 of the Limitation Act.

S.8(2) of the guardian and wards Act lays down that the natural guardian shall not with the previous permission of the court transfer by sale any part of the immovable property of the minor.

At-last, the minor if a co-nominee as part of the sale deed has an option to challenge to set aside the sale that the father alienated the property without legal necessity and it should be done within 3 years of attaining majority.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The process of obtaining permission from court is nothing but filing a case before the court competent seeking permission to sell the property involving minor interest for the welfare of the minor child who has a share in the property.

It is mandatory to obtain permission from court to sell the share of minor property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Guardian can't sell minors' share in property without court permission: SC

Read more at:

//economictimes.indiatimes.com/articleshow/26370683.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the minors are involved then the permission from the court is required.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Minor's properties can not be sold by his/her guardians without the approval of the District Judge.

2. District Judge is the trustee of the properties of all the minors falling under his jurisdiction.

3. The approval for the said sell will be given by the District Judge if he is convinced that the sale proceeds received by selling the minor's properties will only be used for the welfare of the said minor.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Naturally it is the property of the minor and father being the natural guardian can sell for legal necessities. To avoid future complications ( she may file as suit after attaining age of majority) permission of the Court will be required. It will be disposed within 4-8 months and some conditions like to keep share of minor to be kept in FD will be imposed.

Please come to my office for more details.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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