Hi Team I am planning to buy a developer layout plot in Bangalore rural district . I have below queried and seeking advise - Signature of current buyer not found in the Sale Deed executed by Developer in year [deleted], Only one sided signed by Vendor ( Developer ) - I arranged now certified copy of seller sale deed where i also found mismatch of signature of Vendor ( Developer ) and witness what I see in original sales deed registered in seller name appreciate candid advise here Amarendra Kumar with Thanks
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This appears to be some fictitious or sham sale deed.
Have you referred the property related documents before an experienced lawyer in the local and obtained his/her opinion, if not, then do it immediately and proceed only if recommended because there is some fishy act involved in this.
In my knowledge but not sure in Karnataka property before 2004 was not essential to have buyer signature.
Sale deed should be signed by both seller and buyer
if you have found mismatch in signatures don’t purchase the property
The Tamil Nadu State Amendment to Section 34 of the Registration Act, 1908 provides that in addition to the Seller, the Purchaser of property must sign the Sale Deed:
“34A. Person claiming under document for sale of property also to sign document.—Subject to the provisions of this Act, no document for sale of property shall be registered under this Act, unless the person claiming under the document has also signed such document.”. [Vide Tamil Nadu Act 28 of 2000 with effect from 14.04.2001].
2) in Karnataka in those days
only the signature of the seller is mandatory and it is not required to have the signature or the thumb impression of the buyer.
No deed has any legal standing if title has not passed from the seller to the purchaser in lawful means.
From your query it appears that this deed is a sham one and is better to be avoided.
Obtain certified copy of the sale deed and the Encumbrance Certificate for the past thirty years, which resolves all your queries regarding the property.
Please ensure to obtain legal opinion for the property from any Lawyer before proceeding further.
What is preventing you from obtaining a proper legal opinion before buying the property?
When you have a doubt about the genuineness of the property documents then you should not hesitate to refer the property related papers before a lawyer for an opinion.
Dear client,
Earlier it was not mandatory for the buyer to sign the sale deed. The sale deed could be valid even with only the seller’s (vendor’s) signature, provided that the document was properly registered. However, the buyer’s signature is now considered an essential part of the process to avoid disputes and ensure that the buyer has explicitly agreed to the terms. A mismatch of signatures is a red flag and could indicate potential forgery or fraud. It’s essential to verify the authenticity of the sale deed by obtaining certified copies from the Sub-Registrar’s office and compare them with the original documents. Ensure that the person who signed the sale deed as the vendor is indeed the authorized representative of the developer. Check for any pending litigation, encumbrances, or other issues related to the property. A title search at the Sub-Registrar’s office is essential. Should you require any further clarification, please do not hesitate to contact us.
- As per law, the Sale deed must be executed on non-judicial stamp paper of appropriate value and signed by both the seller and the buyer, and witnessed by at least two individuals.
- Since, there is only Vendor signature and also there is mismatch , then it is not advise to procced for purchase the property.
I have executed Tri party Assignment agreement to get the property transfer from Builder in my name ( assignee ) from the seller ( Assignor ) and I have paid 0.5 % stamp duty of Consideration price for assignment agreement for Bangalore Rural property. The property will have same value on sale deed for registration . My question : Is 0.5 % stamp duty I paid for assignment agreement will be adjusted on final sales deed registration stamp duty or not ?.
stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance, shall be adjusted towards the total duty leviable.
As per section 8F of Indian Stamps act: Agreement or document for transfer or assignment of rights or interest in financial assets not liable to stamp duty.
However if any stamp duty has been paid at the time of registration of the assignment deed, then you may give a request to adjust the stamp duty towards the payable stamp duty sale deed.
- No, this stamp duty paid for assignment agreement will not adjusted towards the registration of Sale deed.
Dear Client,
The 0.5% stamp duty which is paid for an assignment agreement should be allowed as credit towards the stamp duty to be paid for the registration of sale deed as per the provisions of Karnataka Stamp Act 27 of 1957. Since the stamp duty paid at the time of the assignment agreement is utilized against the stamp duty that would be paid towards the sale deed. Karnataka follows the rule of stamp duty of 5% on sale deed value along with a nominal one per cent registration charges for properties. The 0. 5 % paid on the assignment agreement could be set off against the total stamp duty payable on sale deed. It is more appropriate that all the papers regarding the assignment agreement and stamp duty should be preserved for record purpose.
Hope this answer solves your problem.