• Document manually corrected after documentation

Hi ,

 I am going to buy a property with complications below. Please advise .

Property was bought and registered in seller's mother name in 1964.After the document was registered in regsiter office , they have added his father's name manually by hand in that document.Father was died in 1973.
Now i have taken EC , patta and that concerned document's certified copy from register office.Every document states that property was only in his mother's name.
 In 2010 , mother and thier legal heirs transferred thier shares to the seller from whom i am going to buy the property. Legal heir certificate was obtained under mothers name.
 Is it safe to buy that property with that mother document in question.

 Need your kind suggestion
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

No alterations can be made in documents after registration 

 

2) mother was absolute owner of property asper sale deed  

 

3) she was at liberty to sell the property by registered sale deed 

 

4) If bank is willing to grant you loan for purchase of property you can go ahead 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Apparently there is no defect in the title.  However the manual interpolation on the original sale deed. Now if this forgery remains on the deed then while selling it you may face with problem. 

However if you don't have any immediate plan to sell it then you can go ahead but only after showing the papers to a local advocate and after causing necessary searches or due diligence. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

No issue because original sale deed is registered on mother's name and legal heirs certificate are obtained from mother. You can buy this property as per current mutation papers.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Adding father name manually mean, sale deed become invalid. This was incorrect way.

Well Mother is owner and you can purchase from the seller.

Mother LHC only need to examine. Otherwise also, mother and father legal heirs are same.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

If they entered their father's name manually in the registered documents than that is invalid. You might face problems in future regarding loans and resell

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since the transaction shows the original owner's name and title flow is clear, you need not worry.

Since transfer happened through original owner and her legal heirs, it is clear.  The other persons also singed, as such, there will not be any claim from them going forward as they are consenting parties to the sale to your vendor.

Yes it is safe to purchase the property. 

Before going ahead, you issue caution notice go general public calling for objections for said purchase, in vernacular and english language, thereafter go ahead with the registration etc.

  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The property document which was manually altered is an illegal document or fake or forged document.

No alterations without the signature of the registrar concerned is acceptable.

The document is invalid and cannot be considered as a legally valid title document to the seller.

You may first obtain a legal opinion from an experienced lawyer and then proceed only if recommended.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

As all the other documents such as the certified copy of the sale deed, the EC and the Patta are in the name of the seller's mother alone, it is safe to go ahead. Please ensure that all the legal heirs have relinquished their respective undivided shares in favour of the seller by a registered release deed. Also, please produce all the documents to a local lawyer and get his written opinion before purchase of the property.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

you can go ahead. if title is clear then no need to worry.  mother can sell her property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The certified copy of the sale deed is an authentic document which correctly says who the owners is. The corrections are illegal and an attempt to cheat you and is forgery.

You should clarify this aspect and then go ahead.  See if there are any encumbrances on the property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes it's safe just take indemnity bond

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir/Madam,

You are suggested to the said property is safe and can be purchased. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes it is safe to go ahead with purchase of property if all legal heirs have transferred their share through settlement or partition deed on name of current owner/seller.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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