• Property Purchase when one of the seller is bedridden

Hello All,

Please advice on the correct and safe approach to proceed with a property purchase.

Below are some facts about case

1.	Sellers are 2 brothers who have inherited the house from their father (who had self-acquired this property)
2.	Both brothers are senior citizens now
3.	The younger brother is unmarried and he is now bed ridden
4.	Both brothers are not on very amicable terms

Below are the options from the sellers

Option 1 - Release/relinquishing deed from the younger brother who is bedridden to elder brother
Option 2 - Go ahead with sale agreement and sale with both as seller, requesting sub register to come and take approval from home/hospital from younger brother

Below are my queries 

1.	Can option 1 be challenged citing a coercion etc., and in that case will i as buyer be affected
2.	In option 1, should the katha also be transferred to elder brother before sale agreement and deed.
3.	In option 2, will it complicate process in the event of an unfortunate incident between sale agreement and final sale deed registration?
4.	In either option is it possible to insist on any mental health certificate to safe guard our self – if yes how can that be done
5.	Any other options and safe guards
Asked 11 days ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

1) if registered relinquishment deed is executed then brother plea that it was done under coercion would not succeed 

 

2) katha should be transferred in favour of elder brother 

 

3) you can insist that brothers obtain doctors medical certificate that they are mentally fit 

 

4) better opt for second option ie sale deed be executed by 2 brothers 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

Respected Sir, 

The seller may give Power of Attorney to any blood relative for the purpose of selling property.

Jaswant Singh
Advocate, Gurugram
920 Answers
2 Consultations

4.8 on 5.0

1. Option 2 is better choice for you 

- As relinquishment deed should also be registered, and his presence is mandatory for the same before the registrar , hence if both will execute sale deed then it can be possible after moving an application before the registrar to appoint any official for taking the signature etc of bedridden brother. 

2.  After getting the sale deed , you can apply for transferring your name in Khata ,

3. Sale deed is needed 

 

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

1. Yes

2. Not necessary

3. Yes it may

4 from your family doctor

 

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

1.  Yes, there are possibilities for this if somebody would be acting agaisnt the interests of the other person 

2. The khata cannot be changed to the other seller even if the option 1 is opted.

3. The option is the best and possible solution but you may have to hurry it up without  waiting for any stipulated time to complete the sale process smoothly. 

4. It is always advisable to get a certificate stating that he is mentally alright.

5. You can decide based on the prevailing situation.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

1. Option 1 can be adopted if the two brothers are the only legal heirs. In other words, if the brothers have any other sibling, sister/s, then the remaining sibling/s may challenge the Release/Relinquishment Deed. 

2.  Yes, the Khatha has to be in the name of the seller, before sale deed.

3.  Option 2 can be followed even if there's an unfortunate incident between sale agreement and the registration of sale deed. In case of such a situation, the sale agreement can be reworked.

4.  As rightly suggested by you, it's advisable to obtain mental health certificate to prevent future disputes, if any. You can contact NIMHANS for the same.

5.  Before proceeding further, inspect the original documents, photo ID, aadhar card, certified family tree of the sellers, especially check if the sellers have any other sibling ( sister ).

Shashidhar S. Sastry
Advocate, Bangalore
3948 Answers
237 Consultations

5.0 on 5.0

Dear client, 

1. To sign such a deed, the person signing it will be signing it with a point in the deed that says that they are not under any coercion and are not of unsound mind. If there is no such point in the deed, you can request that they add it. Even if someone challenges it despite that, it is a very tough point to prove. 

2. Strictly speaking, a Khata certificate or Khata extract is only evidence that property tax has been paid on the said property. It does not confer any ownership of property on the person in whose name it stands. So it can be transferred in his name but it may not be mandatory.

3. In this case, the brothers can also give power of attorney to someone to finish the whole sale procedure from their end. However, even without a POA, the sale agreement can still be carried out this way, but it will get complicated in any unforseen incident

4. This is not mandatory, you can get a point inserted that they are not of unsound mind despite being in the hospital. 

Thank you. 

 

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer