Signatories to sale deed
Querist :
Anonymous
(Querist) 23 March 2020
This query is : Resolved
Thanks to all experts for their valuable advice. Now, I wish to ask a follow up question to my original query. When I posted my original query, I had not written about a particular mention in the sale deed dated 11th October 1954 executed by the original owner in favour of my mother, which when translated from Kannada into English conveys the following meaning:
" since your father, for the purpose of fulfilling his desire to gift you a residential house suitable for living, with full blessings by way of 'HARISHINA' (haldi in Hindi) 'KUMKUMA' (kumkum in Hindi) is himself remitting the entire consideration, the said sale consideration will be received by me in the presence of the Sub Registrar at the time of registration"
The endorsement by the Sub Registrar on the last page of the registered sale deed reads as:Quote: " Rs xxxxx in words (Rs ...... in figures) only. Paid in my presence by
to: ------------------ --------------------------
Vendor's signature signed by my mother's father
Alongside his signature, he has written
for-------(my mother's name xxxxxxxx
alias yyyyyyyy) (both her names) "
In view of the above, my query now is whether such a mention about 'HARISHINA and KUMKUMA' and 'gifting' in the sale deed executed by the original owner in favour of my mother will make any difference to the persons required to sign in the sale deed/s to be executed separately by self and brother in favour of the prospective buyer/s in respect of the portions separately gifted to me and my brother by our mother in 2012?
Raj Kumar Makkad
(Expert) 23 March 2020
Any person can sign on behalf of the buyer. It has no effect whether the father or the brother has signed the sale-deed on behalf of the buyer.
Your mother is the exclusive owner of the said property mentioned in the aforesaid registered sale-deed.
Dr J C Vashista
(Expert) 24 March 2020
Could not connect to your original post.
"Sale Deed" and "Gift" are two different connotations where consideration is basic difference.
How the said "sale deed" stated to have been executed in 1954 is relevant to your query / question ??
Rajendra K Goyal
(Expert) 24 March 2020
The query replied with original query where it is also posted.
T. Kalaiselvan, Advocate
(Expert) 24 March 2020
Your same query was added by you subsequently in the same previous thread and it was duly answered by many experts including me.
However I repeat my opinion that even though your mother's father bought this property through his own funds but since it was bought by a registered sale deed on your mother's name, it shall become her own and absolute property.
Thus your mother in the capacity of the absolute owner with clear and marketable title to her name, can very well transfer this proeprty to anyone of her choice and by any mode she may desire and decide.
Thus the property transferred to your brother and your name by executing a rgistered gift settlement deed, she has relinquished her rights in the property in your favor.
After that you and your brother shall become absolute owners of the share of property you both acquired through this registered deed with clear and marketable title.
This indicates that you both can sell or alienate this property in any manner you both may decide and yo both need not obtain permission or consent or NOC or signature from your wive or children or anyone.
You both can independently sell the property to the prospective buyers without any legal hassle.
Raj Kumar Makkad
(Expert) 24 March 2020
It is not good to repeat the similar query when the same has already been attended by various experts.
T. Kalaiselvan, Advocate
(Expert) 24 March 2020
Dear Makkad Sir, you are right that the author has repeated the same question in a different form again here, however it may be due to his anxiety or not understanding the law properly or the opinions rendered by various experts of this forum.
T. Kalaiselvan, Advocate
(Expert) 24 March 2020
Dear R K Makkad Sir, you are right that the author has repeated the same question in a different form again here, however it may be due to his anxiety or not understanding the law properly or the opinions rendered by various experts of this forum.
Lets not make it an issue.
Raj Kumar Makkad
(Expert) 24 March 2020
Expert T. Kalaiselvan Sir! This is not a big issue but if the author confines to his original thread then it becomes easy for the experts to reply the query effectively and it ultimate goes in the interest of author himself. Experts can easily read the earlier comments and can further reply accordingly. Thanks for your concern.
Rajendra K Goyal
(Expert) 25 March 2020
Agree with the expert Raj Kumar Makkad ji.
Raj Kumar Makkad
(Expert) 26 March 2020
Thanks Mr. Goyal for agreeing with me on this issue.
