Consenting witness id proof in sale deed?
Ganesh
(Querist) 05 December 2015
This query is : Resolved
Hi,
I bought a property from Owner (Still alive) and sale deed was registered in sub registrar office by himself sold to me.
The Owner's wife and 2 daughters also signed as consenting witness in sale deed.
Also Owners/Seller PAN number was mentioned in sale deed.
But consenting witnesses ID proof is not mentioned in sale deed. Only Photo, Thumb impression and Signature was captured in sale deed.
My question: Is this enough or do we need ID proof also to be mentioned in sale Deed of consenting witnesses ? (We can create correction deed if needed)
Please advice
Thanks in Advance
Ksreddyacs
(Expert) 05 December 2015
NO need to create correction deed...Witness is enough..
kavksatyanarayana
(Expert) 05 December 2015
author, at the time of registration, two identification witnesses will be obtained and their photos, thumb impressions captured and their addresses also mentioned. so there is no necessity for rectification. still you are not satisfied go for rectification deed registered.
Ganesh
(Querist) 06 December 2015
Thanks Experts.
The daughters signed as consenting witness signature has husbands name in it, Since its uncommon to have husbands name mentioned in signature, wasn't sure about it. Hence asked this question.
If Photo+thumb is good enough then its fine. else pls let me know.
thanks
Guest
(Expert) 06 December 2015
You are 100% safe and further do not worry.
Ganesh
(Querist) 06 December 2015
Thanks a Lot Raj and others.
Guest
(Expert) 06 December 2015
Welcome Please.
Kumar Doab
(Expert) 06 December 2015
It is good that the authors that get replies than the expert(s) that have replied.
Rajendra K Goyal
(Expert) 06 December 2015
There is no risk on the face as per given facts.
Ganesh
(Querist) 06 December 2015
Thank You Experts!. Thumb impression and Photo is a good proof. But I was little worried since signature of consenting witness had husband name (usually husbands name is not mentioned in signature) so.
Thank you again!
Dr J C Vashista
(Expert) 07 December 2015
No further rectification required, however, recheck the Sale deed, there is a must to mention ID Proof marking, the Sub-Registrar cannot do such an error (rather blunder) which is compulsory/routine for the SR and his staff.
Ganesh
(Querist) 07 December 2015
Hi Vashista,
So even for consenting witnesses (wife, 2 daughters), ID proof is required?
Father(Still alive) self acquired property sold to Me.
Wife and 2 daughters signed as consenting witnesses.
Only Fathers PAN is mentioned in sale deed, not for consenting witnesses.
Thanks
Kumar Doab
(Expert) 07 December 2015
The query has been replied many times in this thread.
You have posted that:
"The daughters signed as consenting witness signature has husbands name in it".............."But I was little worried since signature of consenting witness had husband name (usually husbands name is not mentioned in signature) so."
If the married daughters have appeared but have placed signatures/name of husband instead of their signature, then it is grossly wrong.
If the married daughters have appeared and were asked/ or have placed signatures/name of husband with their names then apparently it is not wrong. After marriage a woman writes w/o............
If the ID proof of married daughter is captured showing her as w/o................then the transaction should be complete.................
Beyond all posts in this thread the querist may go for consultation in person from an able counsel.
K.S.Srinivas
(Expert) 11 December 2015
The experts have already given replies. Still you feel any clarification is required, better consult a lawyer with the documents.