Gift deed has thumb mark instead of signature
jeeva bhardwaj
(Querist) 06 February 2013
This query is : Resolved
i purchased A Katha site in bangalore, r.t.nagar area about 8 months ago by paying rs.50 lakhs to seller.before purchase of the site i shown the papers to lawyer who even cleared it.now i wanted to sell and i am finding difficulties like
1) A lady purchased site in 1980 and gifted her site to her daughter in law in 2010.
2) tat lady has 1 daughter (married and has 3 children) and and one son(2 children) none has signed the gift deed
3)in her sale deed (1980's sale deed)she is signed in kannada and in gift deed she is put only thumb mark @ the time of registration.
4) daughter in law and son together sold the property to me and registered in my name.
5) i hold the mother in law's sale deed,gift deed and my sale deed(all original deeds) and all the papers pertaining to this property and i m in possession.
now my buyer's lawyer insists for her(mother in law) withnessth in sale deed or medical certificate of that lady is too aged and physically not well to sign
and he feels her daughter or grand children or herself(mother inlaw) may put the case
.i dont know how to get out of this situation i need some advice.is my transaction is valid or not
Anirudh
(Expert) 06 February 2013
Please tell, whether the Gift Deed on which the thumb impression appears has been registered with the Sub-Registrar's office or not?
Whether the persons who have signed as Witnesses in the Gift Deed are alive or not?
As your seller, as to why the thumb impression was put on the Gift Deed instead of signature? (For yuur own information)
R.K Nanda
(Expert) 06 February 2013
reply above queries to get legal advice.
