Hi,
Need your valuable advise..
I purchased a flat almost an year ago and currently staying there. Landlord of this apartment (A) gave DGPA to 2 people (B and C{C is residing in USA}) each one got 2 flats and landlord got 4. I purchased the flat from B. I got home loan and everything is fine but recently another buyer purchased another flat from B, he told me that his sale deed had signatures from both B and C, however in my sale deed only B signed. He told me that his bank legal adviser and document writer insisted for signatures from both B & C.
During my registration bank people requested for supplementary agreement and i provided the same which i received from builder. It mentions which party received which flat #. New buyer informed that supplementary document is not valid and it is not even registered.
So, I approached a document writer and he told me the same. If there are 2 two DGPA holders then both of them need to sign on the sale deed. He advised to go for a ratification/confirmation deed. He prepared the draft which has the following line
"And whereas now in the sale deed which was executed in the favor of Mr . Vamshi the DGPA holder B has only signed and DGPA holder i.e C has not signed in the sale deed and he is still in the possession of the said property"
I need your advise on what is best solution to this issue. Should i go for ratification deed or rectification deed? What are the main points to be included in the document.
Thanks in advance, looking forward for your reply,
Vamshi.11 answers received from multiple lawyers
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Hello,
rectification deed will be the best option for you.
Make the content that one of the DGPA did not signed the deed and therefore by means of the this rectification the signatures are being added and the same be considered as part of the original deed.
Get the same drafted by an advocate.
regards
Deed of ratification can be executed by C
Deed of rectification is only to correct mistakes in sale deed
Dear Client,
DGPA ? development-cum-GPA ??
Well, B and C must have got 2 flats each under some agreement/DGPA executed with landlord, in which their flats description must be mention separately as to which flat/portion B will get and which C will.
Than there`s no need of any rectification deed.
This is true unregistered supplementary has not valid but if duly stamped than terms of it can be performed though court if any dispute arise.
Check language of GPA.
Sir a confirmation deed can be signed where the C will confirm the transaction between you and B and same can be registered with the sub-registrar both B and C can sign the confirmation deed.
Hi
1) In general, if a development cum GPA, and even if a supplementary deed is unregistered, if a party who has been allocated flat in lieu of his share of property, alone can enter in to a sale deed and that sale deed is perfectly valid.
2) Under law, more specifically in your case, party(B) acquires title by a development agreement and supplementary deed will only convey the holders interest in a title, So in your case, though Only B has signed the Sale deed, your title is perfect given that B has acquired both title on the property (through DGPA) and interest (through unregistered supplementary deed) .
3) However as a matter of additional safety and in order to set any doubts you may have on your title, you can get the ratification deed executed by C and with the contents being
"And whereas now in the sale deed which was executed by B in the favor of Mr . Vamshi, and the other DGPA holder C who is now available in India hereby ratifies the said sale deed executed by B in favour of Mr.Vamshi , as to be binding on him(C) .
Hope this information is useful.
Thanks every for their valuable inputs.
@Rajgopalan Sripathi Sir, thanks for providing detailed information.
C is still in USA, C is going to give special power of attorney to his father and we are planning to get the ratification deed executed by both B and C {Hopefully that is not a problem}
"And whereas now in the sale deed which was executed in the favor of Mr . Vamshi the DGPA holder B has only signed and DGPA holder i.e C has not signed in the sale deed and he is still in the possession of the said property"
I am concerned with the verbiage "he is still in the possession of the said property" is this required? Can I replace it with the one you provided (after removing the USA part)?
"And whereas now in the sale deed which was executed by B in the favor of Mr . Vamshi, and the other DGPA holder C hereby ratifies the said sale deed executed by B in favour of Mr.Vamshi , as to be binding on him(C).
Thanks in advance.You can replace the wordings if you so desire
2) it is better C comes down personally fir execution of deed of ratification
3) power of attorney cannot delegate execution unless there is specific clause authorising him to do so
A simple deed can be prepared saying that since the sale deed was signed by only one DGPA holder the other holder confirms the transaction and same is binding on him and he give his assent for same.
Further if the DGPA has a clause of further giving power of attorney then only C can give POA to father to sign otherwise it wont be valid he himself has to sign.
he is still in the possession of the said property:
This is not required and as such you are advised to replace it.
Regards
First of all you should ascertain that whether the landlord authorised the B to sell you the flat through a GPA deed and whether he has authorised another power agent also (C) to sell this proeprty jointly?
A principal cannot authorise two power agents to sell the same proeprty jointly or even separately.
There cannot be two power agents for the same proeprty hence you may confirm if there was a single GPA deed containing the names of two power agents.
If not then the sale deed executed by the B in your favor is legally valid and there is not need for a rectification deed for the C to once again execute the same sale deed.
In my opinion you may have to seek the advise of a prudent lawyer on the local who has sufficient and proper knowledge on the subject, by producing the related papers, seek his opinion and avoid unnecessary issues with the registrar's office.
Without going through the proeprty documents no concrete opinion can be rendered beyond this.
There can be no two power agents for the same proeprty, hence I suspect that you have not understood the proper terms in this regard hence not only you got confused, but also confusing the lawyers at this portal.
Moreover you say that C, being a power agent is residing in foreign country, if that is the case he has to fly down to India to execute the sale deed or rectification deed.
Thus once again it is reiterated that without taking a legal opinion from a local lawyer do not proceed on sheer misguidance or misinformation.
Hi
1) C should sign the ratification deed in the nearest Indian embassy in USA and also should execute the special power of attorney to his father in indian embassy for registration of the ratification deed in india.
2) Since C himself is a power of attorney holder, he cannot further sub- delegate the power to his father for registration purposes. So , technically C has to sign the ratification deed himself .
3) The verbiage should be changed as follows(the one provided by me):
"And whereas now in the sale deed which was executed by B in the favor of Mr . Vamshi, and the other DGPA holder C hereby ratifies the said sale deed executed by B in favour of Mr.Vamshi , as to be binding on him(C")
Hope this information is useful.