It is not ancestral property
2) you don’t consent of X and Y children for purchase of property
3) you can proceed with registration of sale deed
4) no need to wait for return of daughter
Consenting witness for sale deed has given Notarized GPA
I have made agreement with X&Y for purchase of House, which was self acquired by father of X&Y sons. Now Father and mother of X&Y have expired. Now X has two major sons and Y has one major daughter (presently out of Country, but giver notarized GPA to father Y to sell behalf of her) and minor son. Now I have made agreement with X&Y as a confirming Party and two sons & one daughter as a consenting witness. Daughter of Y was suppose to come sale deed registration, but due to Covid-19 she may not able to travel immediately, however notarized GPA to her father has been given to sign behalf of her. 1. Now can proceed with Registration of sale deed with this notarised GPA a consenting witness 2. or shall i wait till daughter of Y to return and sign as consenting witness The SBI has already sanction loan based on the notarized GPA and Sale Agrement. Kindly clarify
Asked 5 years ago in Property Law
Religion: Hindu
18 Answers
Bank is different authority and Registration procedure is different government authority and both has different laws, rules and regulations.
Here you need to get extension of your sancton loan and wait for Covid-19 situation to get normal whole over the world. I think Bank will cooperate with your on this ground.
Do X Y have grand children ? IF yes than minor share cannot be sell with out court order and children of X and Y will introduce as seller and not witness in sale deed.
Through registered GPA, Y can act on her behalf but not as witness but as seller.
X & Y has no Grand Children. The GPA by daughter of Y is not registered. Now can proceed without taking any consent from sons and daughter of X & Y.pls.confirm
Asked 5 years ago
You can proceed without taking consent from sons and daughters of X and Y
If no grand children and property is self acquired property of X Y parents. than any children can act has witness but no say in sale of property. NO consent require.
Dear Sir,
If the property is not ancestral property (not coming from four generations) then you can purchase the property even without the consent signatures of sons and daughter of X & Y. It is better to get signature Y on his behalf and on behalf of his major daughter. If possible take similar GPAs from sons of X also in favour of their father.
I have already mentioned in my above answer that you have to wait tell the COvid situation get normal.
For Sale deed compulsory the owner or inherited party should present at the time of sale deed.
As per Supreme Court citations sale deed is not register in the sub registrar office on POA or GPOA basis.
1. Since immovable property is not an "ancestral property" and was self-acquired by Father, the class-I hindu legal heir of Father are "ONLY" the Sons (X & Y) and the children of X & Y have no legal rights /claims whatsoever, to sign /give consent or NOC or GPA or whatever. Further IF at all property belongs to Minor in anyway, THEN such property CANNOT be sold without court orders.
2. By virtue of above, ONLY the Sons (X & Y) are entitled to execute the Sale Deed of property belonging to their Father, mentioning as "Consenting & Confirming parties". Signature of other family members as Witnesses signature/s have no legally significance value and shall have only persuasive value, during disputes in court.
- No one , can not claim any share in father's self earned/ acquired property. Only can claim in ancestral properties.
- Since the said property of the father of XY was self acquired property , hence after the death of their parents , the property become the self acquired property of XY legally.
- Hence, XY are having to transfer /sell the same to anyone as per their wish , and their children's consent is not need .
- Yes , you can proceed for registration in your name without taking any consent from sons and daughter of XY.
1. If the notarisation of POA was done in abroad and then stamped in India then on this basis the POA holder can make the deed of conveyance representing the actual seller.
2. The notairsed POA done on foreign soil and then adjudicated in india is very much valid unless and until the same revoked by the maker.
The presence of children of X & Y is not necessary.
The registration of sale deed by paying appropriate stamp duty is compulsory.
The presence of daughter of Y is not necessary, you can proceed with GPA.
To avoid furtre complications, you can take signatures of the children / grand children (if major) as witnesses.
1. The property of the father of X & Y, after his intestate death shall devolve equally on his legal heirs i.e., X and Y.
Thus after inheriting their respective share of property, they become the absolute owners of their share of property.
In this situation they need not obtain consent or signature or permission from their children.
Therefore the signatures of their children are not necessary.
2. The above answer suits to all your question in this connection.
It is confirmed that the share of property inherited by X and Y shall become their own and absolute properties.
They need not obtain consent or permission or signature from their children to sell the property to the prospective buyer.
If it is not ancestral property then consent from X&Y son daughter not required.
Yes you can proceed without consent of X and Y son and daughter.
1. The children of X and Y have no right, title or interest in the property during the lifetime of their parents. So there was no requirement of a GPA from them. The GPA creates unnecessary complications.
2. Sale deed can be executed by the GPA holder on the basis of GPA but GPA has to be registered. Mere notarisation does not suffice.
3. Let it be stated very clearly in the sale deed that none of the heirs of X and Y have any right, title or interest in the property.
1. Yes you can proceed without presence of children of X and Y if property is purchased by their father.
2. X and Y are legal owner of the property and can sell the property without consent of their children.
1. Yes you can
2. You can even wait if you require
