• Taking building on lease

I am going to take a building on lease for 2 years for 10L . The owner says that he will prepare legal contract for that. The building is owned by 2 people (husband and wife). But owner is saying that his wife will not be able to come for signing contract as she is in another state. He will take signature of his wife on a paper and he alone will come and sign the contract at court. Will there be any problem ?
Asked 1 year ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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11 Answers

Hi, If husband alone sign the documents it has no legal santity. Further, lease deed must be registered one. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Lease deed is required to be stamped and registered 

 

2) deed has to be signed by both lessors before sub registrar 

 

3) mere signature of husband is not sufficient 

 

4) wife can execute POA in favour of husband to sign the lease deed 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Any lease for duration of more than 12 months required to be registered under Registrar Act, both the common leasers and leasee are required to be present before sub-Registrar for registration. Her presence cannot be avoided.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Respected Sir, Greetings !!!

 

Having learnt your situation meticulously, Kindly observe below-mentioned solution ;-

 

Applying wisdom it is to note that the point to focus herein is that, what husband intends to do so can be done provided wife executed GPA in the favour of Husband to do so.

 

The above said GPA must clearly indicate that she has given GPA to her husband and the same GPA must be attested in office of Sub-registration office where property is situated or at least must be attested by a Notary Lawyer.

 

I strongly advice to take assistance of an expert Property Lawyer to do so.

 

Yes, remember that if GPA is not executed drop the deal or else hereinafter you pay money there is highest possibility that wife may enter the scene by stating that she was disagreeing to do so and subsequently the story of litigation starts.

 

Hope every thing is absolutely clear. Still any issues consult me. Good Luck !!! Adv. Masood.

Mirza Masood Baig
Advocate, Hyderabad
5 Answers

Not rated

Let the wife authorise her husband through POA/ Authorisation letter to represent and sign the contract on her behalf.  Being joint owners of the property, both should be aware of the contract.

Shashidhar S. Sastry
Advocate, Bangalore
5111 Answers
314 Consultations

5.0 on 5.0

If the property belongs to two people then both have to enter into a joint lease agreement or either of them should have an authorisation through a POA deed to carry out the task on behalf of the other party too after which the chosen party may enter into the lease agreement and get it registered before the sub registrar's office.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

- Since , the said building is in the name of both , then the appearance of both the husband & wife is necessary for registration , and mere signature is not enough for the same. 

- However, she can give POA to her husband or any other relative to appear and sign the lease deed in her behalf. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear client,  since the property is jointly owned it also happens that all agreements pertaining to a jointly held property are required to be signed by all the co-owners unless the joint owner(s) signing the property agreement hold a Power of Attorney from the absentee joint owner

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

If the lessors are joint owners, the lease has to be signed by them together. Let the lease be executed when both of them are present in one place.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Dear Sir,

Better get it registered otherwise you will be in problem. Further, ask the husband to take registered special power of attorney from his wife. Also check the Encumbrance Certificate as to whether he has raised any loan. Be aware that even EC may not disclose if loan is raised by depositing the title deeds in private banks. Better ask the landlord to allow you to verify original title deeds either by yourself or through your Advocate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes this way is not admissible. She needs to sign through poa or notarisation 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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