Witnesse or property joint onwer
sreenivaspeddiraju
(Querist) 01 April 2017
This query is : Resolved
Dear Lawyers:
About 16 years back, I have purchased part of a property from A and his brother B signed as witness. A's legal heirs signed as well. B's legal heirs didnt sign on sale deed. A and B got this property from their father. A and B created a un registered partition agreement between them and partitioned the property before the sale. My sale deed mentions about the partition agreement made but its never got registered,also we dont have a copy of it.
Now is this title is clear legally and by any chance can B's heirs claim the property in future or question the sale ?
As advised by one lawyer we approached B to get his sign on a consent ( affidavit) about the transaction, which he is denying saying since he already signed as witnesse, consent is already given. Does witnesses signature qualify as consent to the sale? What is witness obligation to legalese the deed ? Can witness or his heirs in future question this deed? I was rejected by my financing bank to grant a home loan due to the fact that A and B didnt register their partition agreement. Do i need to have a declaration suite so in future this sale doesnt attract any disputes? or i can get home loan.
Regards Sree
John P Thomas
(Expert) 03 April 2017
If you are able to prove that the partition agreement is a memmorandum of terms of partition which was takenplace prior point of time,such memmorandum of terms of agreement reduced in to writing need not be registerd.Since B has signed in the sale deed it amounts costructive notice as to the contents of the sale deed as against B.
Dr J C Vashista
(Expert) 04 April 2017
What is your apprehension about the 16 years old sale/purchase transaction which was never ever challenged during this elapsed period by any so-called stake-holder/ claimant/interested i.e., LRs of B?
Before purchase of the property you had checked and clarified marketable title qua share of the property received by vendor by way of meets and bounds, therefore, there is no dispute about the transaction, it is perfect.
Discuss with a local prudent lawyer with the documents, if you have any other/ further question/query.
Dr J C Vashista
(Expert) 05 April 2017
Thank you Goyal ji for agreeing with me.
T. Kalaiselvan, Advocate
(Expert) 07 April 2017
The points in the opinion rendered by Dr. Vashista are notable and valuable.
The partition can be oral and the terms can be reduced to writing which need no compulsory registration as expert John Thomas rightly observed.
If the bank denies loan, you may approach another bank for loan, because the registered sale deed in your name is very much valid and it is indisputable for all these years ever since you purchased the property and also had been enjoying it without any interruption.
Therefore a declaration suit at this juncture is unnecessary and it would turn out to be a wastage of time, money and energy.
Hemant Agarwal
(Expert) 15 April 2017
INTROSPECT ON THIS:
1. "IF" A & B are the "Title-Owners" THEN there is no legal necessity for ANY legal heirs to sign on the Sale Deed. HOWEVER, the "Title-Ownership" of each seller can be determined only by the revenue records.
2. Witness signature is NOT "Consent signature". Signature of B is in the legal capacity as a "witness" and not "consenting party". A witness is legally NOT bound to know the contents /matter of the Sale Deed and is strictly not bound to any liability /responsibility of the Sale Deed, to the exception of witnessing the signature of the relevant parties. Here IF "B" has signed as a "witness" THEN B is not bound, in manner whatsoever, by the contents of the Sale Deed and he can consequently easily claim his Share-Ratio of the property which "A" has purpotedly sold.
3. Legally an "unregistered" Partition Deed, is a null & void and non-enforceable document, under the parameters of section 17 of the relevant state's "Registration Act". Hence by this virtue, B's legal heirs would be able to perpetually claim their rights on the property.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
sreenivaspeddiraju
(Querist) 09 August 2017
Thanks Hemanthji, For the sake of introspection, The crux here is what is the "Witness" is expected to witness ?. Witness may NOT bound to the content of the sale deed every time. But isn't B here as witness, bound and aware if the partition in which he is involved. Then how can B unbound and unaware of contents of the sale deed ? Your argument weakens here. If he is aware of partition how can he sign as witness to deed where A is selling such part of property for which he has rights ?
sreenivaspeddiraju
(Querist) 09 August 2017
Thanks Hemanthji, For the sake of introspection, The crux here is what is the "Witness" is expected to witness ?. Witness may NOT bound to the content of the sale deed every time. But isn't B here as witness, bound and aware if the partition in which he is involved. Then how can B unbound and unaware of contents of the sale deed ? Your argument weakens here. If he is aware of partition how can he sign as witness to deed where A is selling such part of property for which he has rights ?
Hemant Agarwal
(Expert) 09 August 2017
"sreenivaspeddiraju" :
1. FIRSTLY, kindly prefer to RE-READ my answer (above), once AGAIN, this time real more "S-L-O-W-L-Y" and THEN introspect. I have no intention to "argu" anywhere, neither on this Forum or in the Courts.
2. SECONDLY, kindly do not expect that "experts" here are for "putting up arguments" to suit the liking of the "querist". That is dime-a-dozen and has no significance, specially so since "experts" here are meant to volunteer some basic "FREE" advice /opinion /suggestions /solutions .BUT. "definitely" not arguments. This is on "TAKE it .OR. LEAVE it" basis.
3. THIRDLY, for constructive arguments (expectantly to suit your liking's, kindly prefer to visit a local Lawyer, for a one-to-one consultation session, which would be more satisfying to you.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
sreenivaspeddiraju
(Querist) 09 August 2017
Many thanks for your opinion/introspection or whatever.. i already knew it which is why i started posting my query here.Then I got clarity from Dr Vashistaji and other experts.
