• Sale of land plots

I and my two siblings each own seperate plots which are adjacent in nature. We have inherited these from our mother after her death. We have been approached by a prospective buyer (two persons actually who are brothers by relation). One wants to purchase one plot and another two plots out of our three plots. 
1. How many registered deeds shall we make? One, two or three?
2. There is difference in title of my sibling in land records and in her PAN/adhaar card? Will it be ok if we incorporate the land records name in the registered deed?
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

1. If after inheritance from your mother you have no partitioned the property into your separate shares, then one and single deed wherein both you and your sister would become sellers is required to be done.

2. Only if you and your sisters have separate title deed then only separate deeds is required to be made for selling the land.

3 The difference of surname has no issue herein. Use both names in the deed.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Separate registered sale deeds should be executed for each plot 

 

2) in sale deed name as per land records and PAN card should be mentioned 

Ajay Sethi
Advocate, Mumbai
99938 Answers
8158 Consultations

1. See three sale deeds for three separate plots shall be better option or two sale deed one for one plot to one brother and two plots in one sale to another brother.

2. Name in PAN card and ID can be used for difference affidavit of same name can be made.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

You are suggested to make separate deed for each plot in order to avoid any confusion in future and thus there will be three deeds. You are suggested to give details as per the land records because the records of pan card or aadhar may be changed also. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

1. You can execute other three separate sale deeds for each plot.

Alternatively, one sale deed for one plot for one  brother and one sale deed for two plots for the second brother can also be executed

 

2. Name on the sale deed should be as per the land records and PAN.

 

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Registration has to be done within jurisdiction of sub registrar office where property is situated 

 

how can the surnames be different of the seller .?the surname does not change 

Ajay Sethi
Advocate, Mumbai
99938 Answers
8158 Consultations

If plots have separate address than 3 sale deed will execute and if only partition on single land than 2 sale deed. Same stamp duty in both case.

Will it be ok if we incorporate the land records name in the registered deed? --- No, but try to use same name which is in identity and address proof.

This can be clear in sale deed, that surname in revenue record is this but in actual it is this as per i`d proof.

Can register at any sub registrar.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

2 registered sale deeds.  You need for file affidavit stating both are same person

Prashant Nayak
Advocate, Mumbai
34633 Answers
249 Consultations

1. You can based on the adhaar and PAN card along with affidavit and other records can get the name in records corrected,

2. The registration shall be done in the jurisdictional sub-registrar office wherein the property is situated. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sale deed should be executed separate for each plot.

pan card should be mentioned. 

The property documents that need to be registered, should be submitted to the office of the Sub-Registrar of Assurances within whose jurisdiction the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19363 Answers
32 Consultations

1. Two deeds will have to be made, or if the partition has not been done then you two can jointly tranfer the land to them jointly 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

2. For some reason best known to them, the purchasers are advising to do the registry in a distanrt registry office ( in same district) other than the local office.- Doing this is not reasonable, make a correction affidavit 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client 

  1. You can make two sale deeds one for each buyer.
  2. For that difference of name in the PAN Card/adhaar card your sibling have to give the affidavit during the process of registration that it was entered in the sale deed due to clerical mistake and the original name is mentioned in the IDs you are providing.
  3. Purchasers are just bieng cautious as it is matter of their hard earned money.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  If you siblings have taken possession of each plot separately as per the family arrangement or partition deed, then you may better go for individual selling of the same by each one of you executing a registered sale deed separately in respect of each individual's own property.

 

2.   That is a local issue, you can suitably amend the records and proceed with the proposed sale of property.

 

 

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

1.  If there is no other supporting document to confirm the surname or whatever name in the deed to that of the id proofs in your possession, you may also execute an affidavit to that effect stating that both the names are one and the same and can attach the same with the registered deed.

 

2. You may clarify the same and if their reason is justified or reasonable and it is convincing you then you may decide based on the prevailing situation/atmosphere.

T Kalaiselvan
Advocate, Vellore
90139 Answers
2504 Consultations

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