Change of surname in sale deed
Prateek
(Querist) 03 March 2017
This query is : Resolved
Hello all, i am looking to purchase a flat from a lady in Mumbai. Issue is the said flat was registered in 2012 in 'x' surname after couple of years she got divorced and got married due to which her surname has now changed. though she has all the relevant documents with the new surname for proof like aadhar, pan card, name change affidavit and newspaper ad, i am still concerned regarding the whole process and how will be the new agreement for sale will be drafted and all documents required for the same. plz advice
Dr J C Vashista
(Expert) 04 March 2017
Get the sale deed drafted, executed and registered in her previous surname (wherein title of the flat stand registered).
Prateek
(Querist) 04 March 2017
but now that her surname has changed all my payments and home loan payment for the sale of flat will be paid on her new surname so dont you think thr bank will have an issue for home loan and society for giving an noc for the same. i wanted to know the process
Sri Vijayan.A
(Expert) 04 March 2017
in sale deed, please mention the executant name as X-yy (Previously known as X-xx).
In the recital of the deed, where normally the devolution of title occur, write the history of change of surname and add the evidences.
9444048547
P. Venu
(Expert) 04 March 2017
It is not mandatory that a person's surname needs to be changed after marriage.
Sri Vijayan.A
(Expert) 04 March 2017
Though the surname need not be changed, here there is change of husband.
Dispute may arise in the identity of the executant.
So, it is advised to add in the recital about the history of change of identity and thus the change in the surname and a declaration that both the names are same person.
So, consult a lawyer who has very good drafting knowledge.
It is also advised to show the draft deed to the registering authority in order to avoid confusion on the day of registration.
Hemant Agarwal
(Expert) 13 March 2017
1. FIRST let the seller "duly" execute a "irrevocable indemnity bond" mentioning all the trialling details and relevant documents forming part of the bond.
2. SECONDLY annex the said "irrevocable indemnity bond" to the Sale Deed and register the same. This would be sufficient for all futuristic legal purposes.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
