Confirmation deed
T.R.Nagaraj
(Querist) 29 March 2013
This query is : Resolved
We purchased sites formed in a revenue layout (11 acres) through a PA holder. The owner who gave the PA got the property from her father through a will and thus became an absolute owner. A portion of this property the owner has given to her eldest son as gift through a gift deed. This gift was given to her son 4 years after the PA holder made sites and sold it to us (we have made an association of alll owners of the sites in the layout).
A civil case was filed by the PA holder when the owners interfered while taking possession of the sites and is pending in the court of law. Meanwhile some of the site purchasers of site started construction activity and the eldest son brought a stay.
We the site owners met the owners of the land and wanted to come to some compromise and get a confirmation deed made and getting it registered in the registrars office.
The question is, the GPA was signed by not only the absolute owner (who got the property by way of a will by her father) but also all her children, including daughters and other sons - totaling nearly 13 in number. We consider it was not necessary for the GPA holder to have got the GPA signed by all of them. Now that they have come for a compromise with a small consideration, is it not enough that we get the CONFIRMATION DEED signed by the absolute owner and her eldest son (who got a portion of the land gifted to him by his mother) ? We were told that prima-facie the children have no rights on the property.
Kindly advice.
Thanks and Regards.
prabhakar singh
(Expert) 29 March 2013
Get a sale deed with adequate recitals of transactions in past executed and signed by the absolute owner and obtain donee's signature on the same sale deed as a witness.Doing so there would be no need to obtain signature of vendor's children,the recitals in the deed would take care of things happened in past.Has the will been probated or any Letter of Administration issued?If not better get the sale deed signed by all those heirs who could have inherited has there been no Will,or at least let them acknowledge the will in writing.
Adv k . mahesh
(Expert) 29 March 2013
in your conversation there point out that there is no will so take all the legal heirs siganture
T.R.Nagaraj
(Querist) 30 March 2013
Dear Sirs,
The will made in favour of the present absolute owner is registered in the sub-registrars office. Is this still required to be probated?
prabhakar singh
(Expert) 30 March 2013
Probate or the letter of Administration is a must if property lies in any metropolitan for other places you need to check with a local lawyer.In case it is not required ,i insist that get it confirmed in notarized writing by those heirs who could have inherited had there been not a will.
ajay sethi
(Expert) 30 March 2013
insist on probate . tomorrow you dont want any legal fron to open up with some legal hheirs claiming will was forged . probate hardly takes 6 months to one year if not challenged
