• Seller of unregistered property is unwilling to sign sale deed as confirming party in sale deed

We are planning to buy a resale property which is unregistered. 
We will get in to tripartite agreement with seller, builder and us, where builder is the third party.
Now problem here is that the seller(husband and wife) is unwilling to come to the registrar office to sign as "confirming party" in the sale deed. His reasoning being his wife will be out of town. He says he alone can come and sign as "witness" if need be.
> Is this okay? We are going to SBI for loan, will SBI mandate confirming party signature for loan disbursal?
> Can he cause any issue in the future? Could there be any litigation?
Asked 8 days ago in Property Law
Religion: Hindu

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9 Answers

SBI will not disburse loan if seller is not party to sale deed 

 

mere being witness is not sufficient 

 

don’t buy the property if seller refuses to come to sub registrar office 

Ajay Sethi
Advocate, Mumbai
81795 Answers
5120 Consultations

5.0 on 5.0

1. If the initial transaction has been done in the names of both husband and wife as joint purchasers from the builder, then signature of both is essential. If the wife is out of station, let her give authorisation/POA to sign the documents on her behalf by the husband.

2.  Yes, since you are not buying the property directly from the Developer, the original buyers/purchasers confirmation will be necessary to conclude the deal.

3.  Without NOC from the 1st buyers/purchasers by signing as confirming party, there will be inherent defect to the title of the property. However get the property papers evaluated by a Lawyer before proceeding further.

Shashidhar S. Sastry
Advocate, Bangalore
3473 Answers
201 Consultations

5.0 on 5.0

1. Witness can not substitute a vendor.Therefore if the wife can not come she can give a registered POA to her husband who can represent his wife during registration as her Constituted Attorney.

2. If she signs as witness no title would pass from her side.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

Dear Sir/Mam

1. if the builder is directly registering to you the property along with confirming party then it is safe there is no such issue

2. Yes, you should take loan from SBI as bank verify the property thoroughly and properties brought through bank loan are verified and have a greater resale value.

3. If your agreement is registered with three parties then there would not be any further litigation while you are registering the property and seller need to be present at the time registering sale deed for same transaction.

4. It will be ok if husband signs the sale deed as confirming party alone if his wife is out of town, this would'nt cause any problem later as they both are the owner of property.

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

there is an unregistered agreement between the builder as seller and the husband and wife as purchasers

now the property is being sold to you by the builder

so the husband and wife both need to join as confirming parties in the sale deed to be executed between the builder as seller and you as the purchaser

otherwise the husband and wife could in future claim rights over the property on basis of the unregistered agreement for sale 

if they are not able to come for registration then ask them to make a joint affidavit duly signed before notary public stating that they do not have any claim against the builder under the unregistered agreement for sale and have no objection if the builder sells the property to you

that joint affidavit can then be annexed to your sale deed and it can be registered

Yusuf Rampurawala
Advocate, Mumbai
6089 Answers
50 Consultations

5.0 on 5.0

The tripartite agreement should be between the buyer, builder and the party(s) entered into sale agreement with the builder.

If the seller is not cooperating with the situation then you may have to skip the purchase because it cannot be said that they may not cause any problem at a later stage claiming sale of property based on the agreement entered into by both the husband and the wife.

Even the bank may not agree to disburse the loan without the signatures of all the parties involved in this property.

 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Hi 

Since the builder has not yet registered the sale deed in favour of your seller(husband and wife), you can still proceed to register the property in your name vide a tripartite agreement (Builder, You and with consenting witness as husband). 

 

As a comfort factor ( Peace of mind purposes and to prevent any future claims from the wife) , you can also obtain a No objection certificate from the wife on a Rs100 stamp paper issued to the builder and you , wherein she relinquishes her rights on the property and also consents  to register the property in your favour .

Hope this information is useful. 

 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2104 Answers
394 Consultations

5.0 on 5.0

How can a person not come where a sale deed is being registered. Ask him to come along with the wife as they both own the property. Otherwise take a PoA from her and sign on her behalf.

Yea there can be legal hassles if the sale deed is not registered properly in accordance with law.

Rahul Mishra
Advocate, Lucknow
12142 Answers
29 Consultations

5.0 on 5.0

No if the wife is also the interested party she will be required. Else it can cause issue

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

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