Sir the new and old ID copies can be annexed along the Sale deed further in sale deed his name can be written as Mr ERNEST SAMUEL CHRISTIE alias Mr E.S CHRISTIE. So both the name can be written in the deed.
Name change
Hello, my father Mr E.S CHRISTIE had been using his name in the form initials since birth till early 2018 as mentioned here and previously all of his ID cards/docs bear his name in the mentioned form. Recently, my father applied for his passport in 2018 and therefore had to elaborately mention his full name in the passport as Mr ERNEST SAMUEL CHRISTIE, he received his passport with his full name and later got other his govt ID cards(i.e Aadhar, PAN & Voter ID Card) and name in bank records as his full name (as in passport) to make the all records match. My father is now in the process of selling his house owned jointly by him and his deceased wife (my late mother), the existing registry of this property bears his name as initials (i.e Mr.E.S CHRISTIE) , he therefore wants to know before executing the sale deed if he needs to furnish an affidavit to get the name form updated in the records of sub-registrar/as a proof OR he may simply produce his old and new govt. issues ID cards to prove his identity (This query arise as my father would be accepting the bank draft against the sale of property in his new form of name matching the bank records i.e Mr ERNEST SAMUEL CHRISTIE. PLEASE ADVISE
Asked 5 years ago in Property Law
Religion: Christian
9 Answers
Hello,
He may make a same name affidavit, there is no problem in the same.
Till the purchased is satisfied and willing to purchase the property there will be no objection in the same.
Regards
Hello, My father(alive) and mother (now deceased) jointly owns a 2BHK flat which is getting sold (Both parents born Christians). We are 2 children [1 son(born Christian) and 1 daughter(born Christian) ]of our parents and both of the children are married (only the son embraced Islam in 2007 for the purpose of his marriage). Now, as per our mutual understanding, my father wants to give me(son) entire amount out of the sale of the 2BHK to me(son) as a gift to enable me(son) to clear my existing personal loan liabilities. My sister has no objection to this deed. We would, however, like to know, if executing a gift deed (from father to son) is enough and will be serving the purpose? OR we need to get any other legal document executed to avoid any future claims/ clashes? Please guide & advise
Asked 5 years ago
Executing a gift deed will be sufficient.
Sister may become one of the witness so that there is no dispute in the future.
Regards
Hello, My father(alive) and mother (now deceased) jointly owns a 2BHK flat which is getting sold (Both parents born Christians). We are 2 children [1 son(born Christian) and 1 daughter(born Christian) ]of our parents and both of the children are married (only the son embraced Islam in 2007 for the purpose of his marriage). Now, as per our mutual understanding, my father wants to give me(son) entire amount out of the sale of the 2BHK to me(son) as a gift to enable me(son) to clear my existing personal loan liabilities. My sister has no objection to this deed. We would, however, like to know, if executing a gift deed (from father to son) is enough and will be serving the purpose? OR we need to get any other legal document executed to avoid any future claims/ clashes? Please guide & advise
Asked 5 years ago
Executing a gift deed will be sufficient.
Sister may become one of the witness so that there is no dispute in the future.
Regards
1) affidavit can be executed that both are one and same person
2) in sale deed both names should be mentioned
3) he can produce his id proof
Gift deed can be executed by father in favour of son
2) gift deed should be duly stamped and registered
3) it is sufficient to protect your interest
Sir the relinquishment deed has to be made by your sister in your favour relinquishing all her right over the property and the said deed needs to be registered with the sub registrar. After that she wont have any claim for rest of the share the father can gift you through the gift deed or can relinquish vide relinquishment deed,
Let your father execute the registered sale deed by mentioning his old name a.k.a. with the new name (initials expanded); To support this change of name he may get an affidvit duly notarised and keep a photo copy of the same along with his other latest documents' copies.
This will take care of all the issues that may be raised by anyone.
Hello, My father(alive) and mother (now deceased) jointly owns a 2BHK flat which is getting sold (Both parents born Christians). We are 2 children [1 son(born Christian) and 1 daughter(born Christian) ]of our parents and both of the children are married (only the son embraced Islam in 2007 for the purpose of his marriage). Now, as per our mutual understanding, my father wants to give me(son) entire amount out of the sale of the 2BHK to me(son) as a gift to enable me(son) to clear my existing personal loan liabilities. My sister has no objection to this deed. We would, however, like to know, if executing a gift deed (from father to son) is enough and will be serving the purpose? OR we need to get any other legal document executed to avoid any future claims/ clashes? Please guide & advise
You have mentioned that the proeprty was a jointly owned property by him and his deceased wife.
Therefore he owns only half share in the property and the remaining half share shall devolve on all the legal heirs of his deceased wife.
Accordingly he shall be entitled to only his respecitve share in the share of his deceased wife in the property.
If he wants to sell the entire proeprty by himself then he may have to authorised by a registered GPA by his children to sell their shares in the property on their behalf.
In the given circumstance, upon his daughter giving NOC to transfer her share of the sale consideration amount to you, then he can give away the balance of sale consideration amount to you by a gift also.
There is no necessity for executing a gift deed for this.
In fact your sister can directly transfer her share of the sale proceeds to you without even giving NOC to your father.