Sale deed supersedes agreement for sale
2) since it is registered sale deed and photographs of seller and thumb impression have been taken you have nothing to fear
Seller has done fancy signatures
I bought a property recently, but the seller has done different signatures on the "Agreement for sale" and different signature on "Sale Deed". The signature on the Agreement for sale matches with his signature on his PAN card, but the signature that he has done on the sale deed is totally different. Both the documents have been duly registered by the sub-registrar after taking in-person photograph of the seller and his thumb impression and UID authentication, and he was asked to confirm if he had received the full amount and if he is being coerced into selling the property. Will the different signatures of seller cause any problem? What should I do now? I am so stresses.
Asked 2 years ago in Property Law
Religion: Hindu
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15 Answers
1. There should not be any problem if he has appended his signature personally before the Registrar in front of you which confirms that he has physically signed the sale deed.
2. Additionally he has also put his thumb impression on the documents for which he won't be able to say that it is not his signature.
3. You can ask him why his signatures are different to make out the reason for the variance.
No need to worry about it. Now a days all the id proofs, and real photo are taken in the Sub registrar office.
And signature are done in the front of SR.
No risks are involved. There is his photograph with thumb impression on Form 32 A of registered sale deed. Further, any different signature can be related to the person making it with purpose avoiding any liability.
Thank you learned lawyers for your answers. What if he says that he was threatened before coming to the sub-registrar's office and that's why he did different signature as an indication of wanting to be saved from the buyers?
Asked 2 years ago
If he was threatened has he filed poluce complaint
difficult to believe as full sale consideration received by him
If other particulars like identity proofs and the documents and both documents are duly supported till then there is no issue. Sale deed executed before registrar is the normal procedure which remove all doubts and it is sale deed which is absolute and agreement to sell stand merged with sale deed which is final. Thumb impression is the best mode of signature, however, to remove doubt you can take affidavit of seller confirming that both signatures are genuine and belong to him and signed by him.
Such claim will not stand, as he did not disclose it to Registrar and no complaint is made to police.
The seller has executed the registered sale deed before the concerned sub registrar and also had affixed thumb impression before the officer, besides he has submitted his identity card copy to prove his identity and he was physically present which has been captured in the photo taken by the registrar at the time of registration, is more than enough to prove that he is the same person even though his signature may differ from sale agreement to that of the sale deed
There is nothing to be worried about it.
He cannot take any excuse at this stage after having voluntarily signed agreeing to sell the property on receipt of entire sale consideration amount.
If at all he had any problem he could have approached the police immediately after registration in this regard.
He cannot claim that he had put his signature differently just because you have threatened him to execute the sale deed.
Therefore he cannot take any such step at this stage because he has no remedy for his own fault.
1. Signing differently is no indication that he was brought to the Registrar's office forcefully.
2. In the above case, he should have lodged a police complaint in this regard which he has not done.
Ideally a person doesn’t do that but as it’s a registry document you don’t have to worry you can go for rectification after giving notice to seller and asking him an explanation
Every person's signature is unique. One can sign in any number of ways. What matters is that the signature should be consistent. If that person's identity has been established beyond any doubt and if the documents are duly witnessed by competent persons, it will be impossible for that person to deny he/she did not sign that document in question. Even in case of a contest, a signature and hand-writing expert can very well determine whether it was his/her signature or not. But, his saying he was threatened gives rise to a concern here. He may seek to invalidate the deal on that plea.
- Since, he appeared before the registrar for executing the sale deed , and further the requirement of photographs and thumb impression was fulfilled , then he cannot refused for the same , and hence differ in signature will not effect.
- Further , there are two registered deeds/agreement/contract with you as a proof of ownership , hence he cannot backtrack from the agreement , otherwise he may be face legal consequences.
If the seller claims that he was threatened or coerced into signing different signatures on the sale deed, it may raise concerns about the validity and enforceability of the sale deed. In such a situation, it is important to gather evidence and consult with a lawyer who specializes in property law to understand your legal options and how to proceed.
Here are some steps you may consider:
Consult with a lawyer: Engage a lawyer who can review the sale deed, the different signatures, and any other relevant documents or evidence. They can advise you on the legal implications and guide you on the appropriate course of action.
Gather evidence: Collect any evidence that supports your case, such as correspondence, communication records, or witnesses that can verify the circumstances surrounding the signing of the sale deed. This evidence can be helpful in establishing the facts and defending your position.
Investigate the claim: If the seller alleges coercion or threat, it may be necessary to investigate the claim. This could involve engaging a professional investigator or gathering evidence to counter the seller's allegations. The objective is to ascertain the truth and establish the validity of the transaction.
Negotiate or resolve the dispute: Depending on the findings of the investigation and legal advice, you may explore options for negotiation or resolution. This could involve discussions with the seller, mediation, or other dispute resolution mechanisms to reach a mutually acceptable solution.
Legal remedies: If negotiations or alternative dispute resolution methods do not yield a satisfactory outcome, you may need to consider taking legal action. Your lawyer can guide you on the available legal remedies, such as filing a civil suit for specific performance, cancellation of the sale deed, or seeking appropriate relief from the court.
the seller will have to file a suit against you for the cancellation of the sale deed if at all it is his case that he was coerced into selling the property to you
proving that will be a mammoth task for him
if you are on whatsapp with him then you can send him random messages or you can do that by email also
say you send him a message regarding some aspect of the property like whether you are entitled to a common area which is appurtenant to the property
it can be any message just to initiate a conversation with him
if in those conversations he does not raise any dispute about he being coerced to sell the property to you then when he files any suit seeking the relief as aforesaid, you can always rely on those messages to contend that after the sale was concluded, the parties were talking to each other and that time the seller did not raise any dispute. so his suit filed now alleging coercion etc is a motivated and mischievous suit
so this is just to create records for the future on the safer side
