1) signature of family members is not required for sale of self acquired property
2)purchaser just wants to play safe and avoid further legal complications
Signatures of family members
I bought a plot from its owner, who in-fact had bought the same plot just about 5 months before. We went through the registration process and everything was fine. Now that I am trying to sell the same plot, the buyers is asking for signatures from all my previous owners family members (He has 1 wife and 2 daughters). At that time I thought it is not required as it was self acquired property. Now my question is, is it legally required to have all the family members signatures during registration of any property.
Asked 8 years ago in Property Law
Religion: Hindu
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11 Answers
The prospective buyers seem to be fools. When there is a registered sale deed in your favour and your title is clear and marketable then no signature is required from any previous owner. To sell one's self acquired property the owner thereof does not require any consent from his heirs.
If the property was indeed self acquired the signature of his wife and children is not required. If the buyer is adamant then search for another reasonable buyer.
This buyer is insisting for something which is not legally required at all.
If the plot that you purchased was the sellers self acquired property then the signatures of his wife and children was not required. However since you are intending to sell the plot, your purchaser is asking for the signatures of all previous owners family members, he is only trying to be extra cautious.
Instead of calling them at the time of sale, you ask your previous owners family members (all major children) and his wife to execute in your favour a CONFIRMATION DEED, confirming the registration in your favour by their husband and father. this would be sufficient.
If your vendor had marketable title to the property sold to you, then there is no need to obtain signatures or consent from his family members or children on the sale deed.
Your buyer is doing it without knowledge about the law or the buying process.
If your buyer still insists on it, you may change the buyer.
His demands do not find place in any law.
1. If the property you bought stood in the name of the seller at that time, then you were not required to take signatures of any of his family members while buying the property,
2. your buyer's demand that you should take signatures of all the family members of your vendor has no legal basis at all,
3. The said demand is highly unreasonable.
Hi, if the property was purchased by your vendor is the ancestral property then the all the legal heirs has to sign the sale deed but if the property is the self acquired property of your vendor then legal heirs are no need to sign the documents.
@Ajay, "2)purchaser just wants to play safe and avoid further legal complications " What legal complications can arise when all of you say family member's signature not required as this is not a ancestral property.
Asked 8 years ago
There is no legal complication at all in this but the buyer is not prudent in this matter nor having any knowledge about such things hence he seems to be insisting on it. He cannot be convinced even if you bring registrar before him to say that there is no legal complication in this. So you may decide whether to comply with his demands or look for some other buyer.
1) the contention may be raised it is not self acquired property .
2) what is important in self acquired property is source of funds .
3) if seller had taken money from his parents and bought property in his name contention may be raised that property was bought for benefit of joint family
4) litigation in India is long drawn process . hence seller wants signature of family members
1. There will be no future problem in connection with the said sale of the property which stood in the name the vendor from whom you bought it,
2. It is just wild apprehension of your buyer about any future claim by the family members of your vendor.
No this is madness. The signature of family members, much less previous owners, is not required. No legal complications can arise if the title is clear.