• Consenting witness in sale deed

Sir/Madam
 I have a question related to consenting witness while executing sale deed. Here is the situation
1. I have signed agreement to sale and construction agreement with vendor and builder respectively for residential land and construction of the villa on the said land, from a layout project
2. The vendors(Wife and Husband) have given registered GPA to their son. Mr Son. Now vendors are saying that, Mr Son will execute Sale Deed on their behalf as Vendors are aged people.
3. The vendors have four daughters i.e they are sisters to Mr Son. All theses sisters have given registered GPA to Mr Son for all the property belonging the their parents (Vendor)
4. vendor claims that, the entire layout land this is self acquired property
5. Should we get consenting witness signed by all the daughters to protect us from any future problem that may arise because of family dispute? 
6. Should all the consenting witness must visit Sub Registrar office while executing the sale deed? or is it OK if they sign from home?
7. If the sisters are not willing to sign as consenting witness because of non-availability, what is the alternative to protect us from future problems that may arise because of siblings fight over property?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Hi,

It is better that all the consenting witnesses visit registrar office and sign there.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir as from your question it is itself clear property is name of parents and only GPA to son is given in that case sisters and son has no share son is just agent of parents to execute sale deed so no consenting witness as such required from daughters.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. All the Legal Heirs of the Land-Lord/s MUST COMPULSORILY sign as "confirming party" to the Sale Deed (and not as consenting witnesses, which has no legal value).

2. GPA should be mandatorily be stamp duty paid and registered for all immovable properties. Notary GPA is legally not tenable.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Better, consenting party need to sign it before the registrar and give his/her thumb and photo for registration process..

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sisters have given registered GPA to their brother

2) you don’t need sisters signature as consenting witness

3) if they are signing as consenting witnesses they must appear before sub registrar office

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

The wife and husband are the absolute owners of the land and it is there self acquired property, they are justified in authorizing their son to deal with their property on their behalf. He being authorized to execute sale deeds also on their behalf is also justified.

Now the 4 daughters of wife and husband have in turn authorized Mr Son, their brother to sell and collect the sale consideration on their behalf as well. This is not proper. In fact since the land itself is the self acquired property of wife and husband, the daughters have no manner of right, title or interest in the said land, even assuming for argument sake that they might stake a claim in the future, then either all 4 daughters must sign the sale deeds to be executed in your favour as consenting witnesses, or they must execute a Deed of Confirmation post the execution of the sale deed in your favour. This will protect you from any future litigation.

This would be your best option.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

if property is self acquired property of vendors then their daughters are not needed as consenting parties in the agreement to sell

if the property is an ancestral property then it is better that the daughters and son sign the agreement to sell as confirming parties

if the daughter is not able to visit registrar office then she can sign the document at her home and grant a GPA to her brother to complete registration formalities on her behalf

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. Yes you must get signature of the consenting witnesses.

2. Yes they will have to visit the office of the sub registrar

3.Get an affidavit from them, from the place where they are living and get the same notarized

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir

Since it is a self acquired property as such personal execution by the owners is most important. N O C s of other family members in the form of notarized affidavits are enough. consent by 2 to 3 family members is enough.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

as per your statement you are purchasing a property from the parents of Mr. Son and four sisters. then what is the purpose of inducting the four sisters as witness. it is correct that Mr. son will execute the deed as representative of parents. Mr. son has no other function. so as per my opinion there is no necessity of inducting four sister as witness or their signature will fetch more benefit to you. you must not be effected in future in case of fight between siblings.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

You are extending your imagination too far.

When the vendors and also the daughters have already executed a registered GPA in favor of the son to sell the property by executing a registered sale deed in your favor, there is no necessity for the vendors to once again sign the document as consenting witness.

If it was the self acquired property of the vendors, then other than them nobody have any rights in the property, hence the daughters need not even execute a GPA to the son for selling the property.

If you have any doubt about the property to be purchased, it is always advisable that you obtain a legal opinion from an an expert advocate to proceed without any far on the basis of recommendations.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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