There is no intervention of Muslim board in property sold by lady with her siblings being witnesses to sale deed
ideally sisters should execute relinquishment deed to relinquish their share in property
it should be duly stamped and registered
Legal Heirs
We were in advance stages of buying a property owned by a muslim lady with 2 sisters. She was the co-owner of the property with her mother who died and society transferred the mother's share to her name. Her two sisters who reside in Hyderabad gave her affidavit along with notice in newspaper that they have no objection her selling the property. As the bank loan in involved, the bank didn't approve of affidavit and notice in the newspaper by the siblings of the lady. The bank insisted that her two sisters must be testifying witness to the sales agreement which means they have to be physically present and sign the sales agreement as witnesses on the day of registration. My query is, even if they come as testifying witnesses, is there any intervention of Muslim Law Board that gives them right to claim on the property sold and transferred with them as witnesses?
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
No say of Muslim law board and ask them to execute POA in her favour. Than she alone can sell and execute sale deed on their behalf.
Can they execute relinquishment deed from Hyderabad for the property in Mumbai? Is the relinquishment deed suffice for the buyer's assurance and protection whether the legal heirs sign the sales deed as witnesses or not?
Asked 6 years ago
Relinquishment deed has to be executed duly stamped and registered in Mumbai as property is in Mumbai
relinquishment deed is sufficient no need for sisters to sign as witnesses
Ask them to agree as confirming party in the sale deed they agree as confirming party then no intervention or claim in future can be raised.
No for registering relinquishment deed they need to present in mumbai only though they can give power of attorney to there relatives in mumbai to execute same.
If relinquishment deed is registered in favour of your seller then there sign as witness and confirming party not required.
Relinquishment deed will be ideal way to relinquish their rights in the said property
As the property is situated in Mumbai, POA holders will have to execute relinquishment deed in Mumbai and have it registered in hyderabad...
Hi,
The sisters can sign the relinquish deed and forgo their rights forever.
It will execute where property lies, why incurring stamp duty cost, POA is suffice.
1. Just simply, ask both the sisters, to sign on the Sale Agreement as "consenting & confirming parties". The First sister can also do so via a registered POA of both the sisters. Because of the registered POA, both sisters need not come before the registrar's office for signing. The registered POA must be duly annexed with the Sale Agreement. There is absolutely no need for any other mentioned documents etc....
2. In capacity as a Witness, a witness is NOT a "consenting & confirming party", and hence can raise claim /dispute ANYTIME at a later date.
The 2 sisters can either sign as witnesses or be joined as confirming parties to the sale deed
In addition to above, their affidavits and the public notice issued by them can also be attached to the sale deed
This will adequately take care of the buyer's interest
The 2 sisters will be bound by the principal of promissory estoppel as per which once a person agrees on something and based on that another person alters his position then after that the first person cannot turn around and take a contrary stand to the prejudice of the person who so altered his position
I am surprised why the bank is not insisting for a letter of administration and registered transfer deeds in favour of seller sister. That is more foolproof as that is sanctioned by High Court!
A joint owner of the proeprty cannot be a mere witness to the registered sale deed while one of the joint owners of the immovable property is selling the property to the prospective buyer.
If the property is jointly owned or co-shared then all the shareholders or joint owners have to execute a joint registered sale deed otherwise ther are possibilities that the witnesses who were the joint owners to claim their share in the property at a later stage.
Better consult a local advocate and obtain a legal opinion before finalising the deal.
They may have to execute a registered release deed relinquishing their rights in the property in favor of the co-sharer at the place where the proerty situates and not elsewhere.
- As per the information mentioned in the present query, makes it clear that two sisters are residing other than the place of property.
- Yes, they both can execute the release/ relinquishment deed, but the same has to be registered at the registrar’s office of the place where the property is situated.
- And even after executing the release deed, there must be the clause in the agreement to sell about the release deed so that in future no one can claim any right in the property.
- And also let me tell you that once you get the possession and if in future anyone claims any share there then you will be safe as the person who sold would have to give claim to them if they succeed, but not you.