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dev   19 December 2015

Confirming party

I inherited a property from my uncle about 4 years ago when he expired by way of a will executed by him in my favour. I also have a document signed by his wife and children that they have no claim to the property. Now I wish to sell the property. The buyer insists on the signature of his natural heirs (or their POA holder) on the sale deed / registration document as "confirming party." They are unwilling to sign any more papers given the will and other document. How do I convince the buyer? There is no dispute between me and the natural heirs nor do they have any claim.


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 2 Replies

Adv. Yogen Kakade (+ 91 9225510883)     19 December 2015

Hi,

As you have inherited this property through will made by the original owner and the terms of the will are already been executed after the death of the testator.. now you are the only legal owner of the property and even the legal heirs of the testator cannot claim the property.. Hence while selling the aforesaid property no need to mention the names of the successors as confirming or conseting party.. Because after the will is executed no succession provisions are applied. Tell the purchaser to talk to his lawyer regarding the same.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   

dev   19 December 2015

Thank you for your immediate response. The buyer is insisting on Confirming Party signature as there is no probate and the property has not yet been transferred in the books of the registrar in my name as yet. He says he wants either Confirming Party signatures or probate. Both are very difficult or time consuming for me.

 
Please advise.
 
Thanking you,
 
Dev

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