You need registered relinquishment deed by brother
mere affidavit is not sufficient
in alternative both brothers should execute sale deed
don’t purchase the property if brother refuses to execute sale deed or relinquishment deed
Notarized document validity
Hi, i was looking to buy a shop. 1. original agreement was done with builder and 2 brothers in 1992 2. affidavit release deed date [deleted] notarized was created which states family settlement and talks about some property where brother 1 will have all right and second property where brother 2 will have all rights. 3. There is also a declaration of no interest in property 10nov2003 notarized. 4. propertytax, electricity bill all have seller brother 1 (seller to me) name. 5. society share certificate has both brothers name. society is ready to give noc for sale looking at all documents of family settlement. 6. only problem is all docuemnts notarized and not registered. 7. some lawyer told me to dive news paper add before buying and then i can buy. 8. borther 1 is saying if he tells brother2 about going to registry office to sign then he might also demand money and he doesnt want to do that as he needs money to close some other debt. 9. could someone advise what steps i should take so that this deal is solid and no kids of these brothers can create problem in future. thank you !
Asked 2 years ago in Property Law
Religion: Hindu
16 Answers
- As stated in point No. 5 share certificates are in the name of both brothers.
- There is no need to give any public notice as you will be going for registration.
- Consent of other brother is necessary as share certificate is also in his name.
- Consent of legal heirs/children of both is also required to avoid any problem in future.
It is not at all advisable to buy the property which do not have a registered document to confirm the title of the seller.
You have stated that ll the chain documents are executed by an unregistered document alone and none of the documents have been registered.
This clearly indicates that the seller is not having a legally valid clear and marketable title to the property he is intending to sell in favor of the prospective buyer.
You cannot ignore the fact that the seller is not having title to the property now he wishes to sell, if you do so then you may face problem at a later stage.
Therefore you can ask the seller to produce a registered title document on his name or better skip the proposal to purchase this property which is defective in title.
Yes do newspaper ad as well as execute indemnity bond in the said matter
title is not clear
release deed has to be registered
Deed of family settlement executed between the brothers would have no validity in the eyes of law as it is not registered after payment of stamp duty which is a mandatory criteria.
NOC would be required from the other brother as well if you want to buy this property otherwise he make create disputes in future as the said deed of family settlement cannot be legally binding on him.
- A notarized document is having no value in the eye of law and also as per the Supreme Court , if related to the property transfer.
- Since, said released deed is not registered from the office of the registrar , then it can be challenged by the legal heir who has released his share .
- Not suggested to proceed, as the title is not clear .
Dear Client,
As per the facts which have been provided, you should consult an advocate and discuss with him the facts of the case in details to get a better understanding of the current situation.
Thank You.
1. small correction : The society share certificate is in the name of (brother 1 and his wife) who are selling to me and society is ready to give noc for sale. 2. broker went to registrar with old sale agreement (1993) and all settlement affidavits done in 2003 and lookin at that + demaning society noc he said registration can be done. 3. seller brother 1 is ready to giving assurance document of no problem in future . (should i make this document and what to write in this) 4. seller brother 1 also has a notarized power of attorney to sell property created in 2003 given by his brother 2 So with this additional information would it be safe to go with this deal or should i ask for any other additonal assurance or safegaurd. What else i can do so that without involving brother 2 deal can be completed safely. Summary : 1. sale agreement with builder (2 brothers) 2. family settlement document which mentions division of properties between 2 brothers and their individual rights on divided property (2003, only notarised not registered) 3. power of attorney giving by brother 2 to brother 1 for sale of property (notrarised not registered) 4. society share certificate has (brother 1 and his wife name) no name of brother 2 . I dont know how is happend by this is fact of today and society ready to give noc for sale to brother 1 5. brother 1 is ready to give additional written assurance about no problem in future (what can i do here)
Asked 2 years ago
Then there is no issues if all these things are taken care of
Notarised power of attorney s not valid
you need registered POA executed by brother
3) mere affidavit would not suffice
4) don’t purchase the property
The share certificate is not a valid title document, hence the share certificate issued by the society which even though is a share certificate is a legal certification given by a housing society that a certain member is the registered owner of shares in the cooperative housing society.
The base document to prove that the member of the society is the legal owner of the flat/apartment/plot is the registered sale/conveyance deed on his name, which will confer the clear and marketable title to the seller for executing a registered sale deed in favor of the prospective buyer.
The assurances given in writing by the other brother who was the erstwhile joint owner, on a plain paper cannot be enforced in law in case of any dispute.
The notarised family settlement deed or notarised documents is invalid if it was not executed by a registered document.
In the absence of a registered title deed in favor of the erstwhile owners of the property, even the unregistered deed for the partition taken place between the joint owners/brothers cannot be held as a legally valid title on them, to the property.
Therefore however you analyse the facts, no definition to an absolute and marketable title on the seller s is proved, so in my opinion it is not advisable to purchase the proeprty with defective title because this will persist throughout and you will find it difficult while you are selling the property in future.
Dear Client,
Verify the legal description of the property. Check the copy of construction Blueprints and the most recent ‘title policy’ of the property.
A sales deed has to be mandatorily registered; it is the core document which is the proof of the sale and transfer of the property. If the property has had various owners, mother deed known as the parent documents traces the ownership of the property from the start.
One should refer to the records of the registrar office in case of a missing sequence. If one holds a Power of Attorney, verify it as it allows property transfers on the owner’s behalf.
Thank You.
Can brother 2 give power of attorney (registered) to brother 1 to sell it to me. This way during my registration brother 1 will be present and brother 2's power of attorney can be show. These 2 brothers are first party to purchase from builder. Brother 2 lives in native place and is old and not willing to travel to other state. Please advise if its will be future proof and save deal if i ask brother 1 to get registered power of attorney to sell from brother 2 and then we go for property registration.
Asked 2 years ago
Second brother can execute registered POA in favour of first brother to sell the property
you can then go in for registered sale deed
Yes poa can be given
It appears that there is no registered sale deed on anyone's name.
There was a sale agreement only between buyers and seller.
The agreement for sale is not a valid document to prove the title of the seller.
Therefore even if the other brother gives a registered power of attorney deed in favor of the seller, both the sellers don't have any rights to sell the property which is not registered on their name.
Hence the transfer of property by a sale deed in your favor would also be considered as defective title hence null and void.
You may obtain a legal opinion from the local lawyer and proceed as suggested or recommended.
Dear Client,
As per the facts which have been provided, brother 2 can execute a Power of Attorney in favor of brother 1 for Registration.
Hope this clarifies your query and requirement.
Thank you.