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Vinay (Private)     15 July 2013

Purpose and meaning of consent witness

Hello all,


My query is regarding the purpose and importance of "consenting witness".


I have shortlisted a property in Bangalore and for which I have executed the sale agreement. The property is self obtained property of the owner and does not have any ancestral rights.

Owners is a simple family of 3 (Husband wife and one Child). For this property both husband and wife are the Vendos/sole owners. 

The Vendors son, is a major and at the time of executing the sale agreement we did not bother to include him as one of the vendor as he was no where in their sale deed and as per the EC certificates.


With the above ageement I have approached a bank for loan and the loan got sanctioned.


Now to be on the safer side I wanted to include their sons name in the sale deed, that we are about to execute shortly. However the bank is not accepting to include his name in the sale deed, as one of the Vendor/minor/major and are suggesting to have him included as a consenting witness.

 

Now I am bit worried what is the meaning of this term consenting witness and is it legal to have this in the sale deed ? Is there anything I need to care of? is this should be fine? Please assist me in this grat confusion and request you to suggest some alternatives if any.

Or, do I need to get into some additional agreement with his son stating he has no issues with this sale and he is fully aware of this transaction.

 

Please help.

Thanks,

Vinay.



Learning

 2 Replies

Varun Desai (Advocate)     15 July 2013

Hello, first as u stated its self acquired property of Vendors than no need to make their son as party to the sale deed and second u has the option to make him party to the sale deed as a consenting witness, the meaning of consenting witness is that he is aware of the transaction and for which he is acknowledged it.

Thus making him as consenting witness is legally valid stand...

1 Like

Vinay (Private)     16 July 2013

Thank you very much sir, for your swift and precise response. I shall include their son as one of the consenting witness.


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