Signing of the sale deed with owner who is not present
I and my husband are planning to buy a property from a couple who stays in the flat to be purchased in Bangalore. The flat belongs to the wife and her father. Her father resides in Delhi currently. we decided to sign the sale agreement which warranted the presence of her father, but due to some misunderstanding of details, was not present. The original sale agreement was then decided to be mailed to her father without any of us signing it. we have also asked him to send a photo id attested by a local gazetteer when he sends it back. We then decide to sign it together. The couple seem genuine as they have been residing in the building for the last 4 years and the are buying a bigger apartment in the same building. We also plan to do the registration withing 2 months from the sale deed. I want to know if there are any other legal complications that can emerge from this situation?
Asked 2 years ago in Property Law from Bangalore, Karnataka
the property can not be transfered untill seller are present at the registrar office at the time of executing it,it is advised not to pass any advnace to the party untill the father come personally at the house and signed the agreement to sell in your presence and presence of two witness
Advocate, New Delhi
Hi, it is necessary to sign the agreement both the co-owners of the property or else you are in trouble..........it is better get a legal opinion.
father presence is necessary at time of execution of agreement since he is 50%owner of property . dont make any payment until both the owners come for signing and registration of agreement .
consult a local lawyer before you part with your hard earned money
It is inevitable that he should be present at the time of registration to transfer his legal title ( 50% or whatever). So do not hurry up and pay any amount. Ask them to fix the date for registration, when both the owner can be present in Bangalore ( sub registrar office). At the time of registration you can pay full amount to the sellers.
Agreement to sell and advance payment is not compulsory
what has been done looks to be inevitable but safe. Let the father sign the agreement and get it duly attested by a notary public along with his photo id proof. However at the time of final registration of the property, if father is unable to be present, ask the daughter to obtain a Special Power of Attorney so as to sign and present the Sale Deed on his behalf.
Payments made at the time of sale agreement was thru cheque i presume. if so quite safe nothing to worry
Father shall have to remain personally present at the registrar's office to sign the sale deed and complete the transaction of sale. The personal presence of father is indispensable. If he is not personally present then the process cannot even be commenced.
Get the sale deed drafted by your lawyer to protect your legal rights in the long run.