• Buyer wants to add wife's name in Sale deed

Hi,

Me (seller) and a buyer entered into a Sale Agreement in which he did not mention his wife's name as buyer. He was referred to as PURCHASER in sale agreement and made some advance payments.

Now, in sale deed (which is not executed yet), he has got his wife's name entered too - they both will be referred as 'PURCHASERS'.

1. Technically, I feel 'PURCHASER' in sale agreement and 'PURCHASERS' in sale deed are different.
2. Sale deed also mentions some advance payments done by 'PURCHASERS' to me. 
3. Sale deed also mentions a clause that 'SELLER' has not entered into any agreement to sale or executed any Sale Deed with regard to this property with any entity other than PURCHASERS. However, since 'PURCHASER' in sale agreement and 'PURCHASERS' in sale deed are different, this clause might not be correct.

I personally think there is discrepancy in sale agreement and Sale Deed.
Not sure what might be the best way to fix it since the buyer wants to take a collective loan from the bank.

Please help me with how we can mutually work on it.
Asked 7 years ago in Property Law
Religion: Hindu

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18 Answers

1. There is no problem if name of the wife ais added as purchaser provided he makes mentioning of in the body of the sale deed.

2.It is aright.

3.There is no difference in the purchasers of sale deed and sale agreement . Only name of another person is added. This is permissible.

4. So do not bother about his as in the sale deed the purchasers can describe that name of another person is added for reasons known to them.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

This is feasible and can be easily done. But keep in mind that that sequence of events must be clearly specified in the sale deed, that initially just the husband signed the agreement to sell, thereafter the subsequent happenings must be explained that he was able to manage a home loan jointly with his wife.

Contact a deed drafter so that he may look into the situation and help you with a meticulously drafted deed.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

The bankers may not trouble you in this regard, If they need some more affidavit etc then please execute the same. There is no any legal bar to say that agreement and sale deed must refer same parties as the sale may be out sale deed also. Ask them treat the sale deed as out right sale deed or a clause in the sale about the actual facts in the sale deed.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Whether the Sale Agreement is a registered one or not?.

2. If it's not a registered sale agreement, cancel the earlier one and execute afresh a new sale agreement incorporating names of both the purchasers.

3. If it's a registered sale agreement, a registered cancellation deed can be executed cancelling the earlier sale agreement and then a fresh one can be executed.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Sale deed confers clear and marketable titkevti property

2) if purchaser wants to add his wife name in sale deed you should agree to the request

3) it should be mentioned that agreement for sale was executed only in husband name on x date .

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi, you can add the wife name in the sale deed, it will not lead to any legal complication .. Sale agreement is considered as initial agreement which can be later amended by mutual consent ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

The sale agreement and sale deed are different. An agreement of sale constitutes the terms and conditions of sale of a property by the seller to the buyer. These terms and conditions include the amount at which it is to be sold and the future date of full payment. Sale deed is the document prepared at the time of full payment made by the buyer and when the actual transfer of the property takes place. agreement for sale contains a promise to transfer a property in question in future, on satisfaction of certain terms and conditions. So, this agreement itself does not create any rights or interest in the property, for the proposed buyer.Immovable property can be transferred/conveyed only by a deed of conveyance (sale deed), duly stamped and registered as required by law.

So at the time of execution of sale deed we can add the additional buyers name even if they are not in the sale agreement.If the buyer wants a loan from the bank for purchase of the property then it is better him to add his wife's name in the agreement or guarantor in the loan agreement , just meet and talk with bank people before applying loan application.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Sir just a line in the clause can be added in the deed that the seller made agreement with purchaser 1 the husband and now purchaser 1. Husband want to add purchaser 2 with the consent of seller as purchaser and make co owner in the property.

And in clause three it can be specifically mentioned again that agreement was entered with purchaser 1. Who with consent of seller wish to add purchaser 2. As coowner in property and party in deed.

There shall be no issue with it then.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

HI

1) In general, an agreement to sell can be entered in to by the husband and subsequently another family member namely the wife or the children can be included as parties in "Sale Deed".

However in order to protect your interests you should incorporate the following:

2) In the sale deed, please ensure to mention that it was the husband who had made payment to the Seller . Be specific with names of persons who actually made the payment of advance money to you and the date.

3) with reference to clause 3, you can be specific that you had entered in to agreement of sale with the husband and at the request of the husband, you have consented to sell the properties to both husband and wife.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

There is no problem at all in letting the buyer add his wife's name as a purchaser

You wont be affected by that

You are just interested with your sale proceeds

Whether there is one buyer or many, that doesn't affect your entitlement

The buyer may wish to add the name of his family member to sale deed as part of a family arrangement or for convenience sake

You can however mention in recital of sale deed that the agreement to sell was executed with buyer alone and not with his wife - just for purpose of completeness of facts

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

There is no problem in this . The agreement to sale is made to make the party to honour the transection and time line. If purchaser wants to add his wife name as co owner or he can go and ask the registration in other name should not have a problem.

There is no problem in the deed legally.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

There is no need to be worried. These minor discrepancies will not be an issue for you or him. The Sale Deed will be treated as the final document executing the sale. It does not matter whether any other agreement was made between you two before this Sale Deed. In effect, it supersedes all other agreements between you and the other party.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

The buyer want to purchase the proeprty in the joint names of him and his wife.

There is nothing wrong in executing a sale deed in favor of both of them.

Even though the sale agreement was entered with one person alone, since the person in the sale agreement is also a buyer in the sale deed a,long with a new person, you may get an affidavit from the buyer stating that he would wish to buy the proeprty jointly along with another person, i.e., his wife and he has no objection to include his wife as a joint purchaser and that he only can be held solely responsible for any litigation that may arise in future in this regard and would bear all the litigation expenses in this regard, you may proceed with the execution of registered sale deed in favor of both of the them.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes, it looks fine.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

O.K. This can be incorporated to set right the wrong.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

bank has given you solution to to your problem by adding wife name in sale deed .

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes this is perfect even otherwise once sale deed is registered there is no impact of the sale agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the bank has agreed for this modification, there should be no problem about this.

You may discuss with a local advocate or the builder and then proceed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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