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A fighter (NA)     04 October 2023

Correction of legal errors in sale deed

Hi Experts,

My Sister had purchased a Flat in 2019. Here are case details:

1. Seller (one of our relatives) had a joint property in the name of husband and wife. 

2. Wife was deseased at the time of purchase and the children were minor at the time of purchase. 

3. Seller produced a Heirship Certificate and same is mentioned in Sale Deed. 

4. Agreement of Sale and Sale Deed executed between Husband of deceased wife and My Sister (purchaser) in 2019

5. As per Heirship certificate only Children are mentioned as Legal Heirs and their names are were mentioned in Sale deed and they were minor in 2019

6. Now both children turned major and they executed a Release Deed in 2023 in favor of Father, giving out all there shares to Father. 

Query - Is there anything needed to be done to correct legal errors made during purchase and saled deed execution. Is the Sale deed executed in 2019 Valid? Will there be any issues at the time of sale of this property. 

Please suggest. Your valuable inputs will be highly apreciated. Thank you

 



Learning

 2 Replies

Isaac Gabriel (Advocate)     06 October 2023

Everything has been legally done while you purchased the property.Relinquishment deed now given to father cannot affect the sale deed.

A fighter (NA)     11 October 2023

@Isaac Sir - just one more input, Release Deed executed by Children does not mention about any sale of property, it has only reference of Heirship Certificate.


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