buying house in bangalore
madhavisodum
(Querist) 16 November 2010
This query is : Resolved
i am buying a house from a builder.builder is registered the land in his name from X.X has one son and daughter.daughter is married and she is out of country.so in registration X and his son has made signs.we asked for the daughter' s sign in reg,but the builder is saying ,h will give a stamp paper with her signature,and the content in the stamp paper is " i dont have the rights in this land".my question is it is ok with the stampaper.or other wise we have to reg it once again? any other way in this issue.
madhavisodum
(Querist) 16 November 2010
please give mee advice in this issue
R.Ramachandran
(Expert) 16 November 2010
Before giving a view, first we have to know whether the land is the self acquired property of Mr. X or his ancestral property.
madhavisodum
(Querist) 16 November 2010
It is ancestral property of mr.X
madhavisodum
(Querist) 16 November 2010
please give me advice in this issue
R.Ramachandran
(Expert) 16 November 2010
It is is an ancestral property of Mr. X, then the sale of the entire property, without the signature of his daughter is defective. The daughter being a coparcenar can claim her share at any point of time.
madhavisodum
(Querist) 16 November 2010
if she is married person at that time also she has right on that property
madhavisodum
(Querist) 16 November 2010
by taking her openion in stamp paper like"i have no right in this property" Is this ok in this issue?
or any other way please advice in this issue because already reg is completed with mr X and his sons sign in reg.
Rajeev kulshreshtha
(Expert) 16 November 2010
It is not sufficient if it is not registered.In my opinion you want to say that daughter has release his share than in that case the document must be compulsorily registered.
madhavisodum
(Querist) 16 November 2010
then i have to again register the entire land again?or i have to register that stamp paper that has taken with the mrX daughter ?can i register the openion taken stamp paper alone?
Sri Vijayan.A
(Expert) 17 November 2010
She has to relinquish her share to her father/ brother
or she may give authorisation to her father/ brother to deal with her share.
As she is abroad, the second one is easily possible.
she can execute the power of attorney, get attested by a notary of the foreign country.
The same has to be registered/ adjudicated here in India by District Registrar.
Then with the power, her father/ brother can sell the share to you
madhavisodum
(Querist) 17 November 2010
If i want to get NOC certificate from his daughter then it solves the problem.because,all ready reg is completed with mrX and his son.
what is the procedure to get NOC certificate
from his daughter
