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SriSivaSankar (Engineer)     06 June 2010

one is not signed on registration papers

We purchased one plot in 2008 from X. X purchased in 2007 from 4 brothers.Actually this site was registered with  their(4 brothers) mothers name.Four of them signed on the registation paperes as she was expired.

Problem here is they have one sister also.she didn't sign on registration papers.As per the info which we have While selling they didn't give the info to her sister.

We came to know that she is planning to go to court as she is also having rights on the land.
do we have any problem if she goes to court? pls advise how to proceed.Thanks in advance.



Learning

 7 Replies

rajesh joshi (advocate)     06 June 2010

Dear friend,

If sister had not signed and now if she is planning to go to court than also she only can claim for her share in subject property but first we require full details of agreement whether it is registered or not and while doing title clearance of the said property how sister name left, these all things are required to study. So kindly submit full details. Thanks,

Advocate Rajesh Joshi

chittorgarh, Rajasthan

SriSivaSankar (Engineer)     06 June 2010

Rajesh Joshi ...Thanks for your immediate and  tension free response.

Don't know exactly wht is title clearence ?I have below papers.

1.Papers on behalf of Actual owner (with their mothers name)
2.Registration papers where all 4 brothers signed for first purchaser.
3.and Reistration papers with our name.(we are second purchasers)

She is ready to sign on registration papers if we give some money.Wht is the procedure to include her name in registration papers ? do we need to go for fresh registration ?

Shall we file a case on her brothers as they didn't given the info of her sister while selling ?
 

Daksh (Student)     07 June 2010

Mr.Srishivashankar,

The moot point is one cannot give away more than what he has. In your case it seems that apart from four brothers one sister also had share in the property.

It was your duty to have got the property search done properly before venturing into the purchase otherwise yes it the sister has any share then without her consent the four brothers cannot sell the same to any one else.

Mr.X in your case cannot pass a better title what he has got.  As such yes the sister does has a stake in the property but you must have negotiated and if the four brothers have represented then it is upto them to make good the loss on account of misrepresentation either to Mr.X or to you.

Best Regards

Daksh

SriSivaSankar (Engineer)     08 June 2010

It could be mistake of Person X or 4 brothers.Finally I am the person who has to face the problem in future.Pls advise the possibilities to come out this problem.Thank you

SriSivaSankar (Engineer)     08 June 2010

As Rajesh Joshi  said that is 100% our mistake choosing propertity with out proper verification.Pls Pls advise the possibilities to come out this problem.Thank you

rajesh joshi (advocate)     08 June 2010

As you said that lady is in your contact for negotiation, so, you can tell her to do registree of the portion of her share in favor of you, and call your x to arrange for you to make good which cause to you. Second point either you tell her to execute release deed to her brothers of the said property. thanx

Advocate Rajesh Joshi

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     14 June 2010

SIR

YOUR VENDOR'S SISTER IS READY TO EXECUTE THE DOCUMENTS ITS BETER TO RELINQUISH HER RIGHTS SO ITS BETTER SHE HAS TO RELINQUISH HERRIGHTS ON PROPERTY WHICH WAS SOLD TO U.

IN THE RELINQUISH DOCUMENT SHE HAS TO STATE CLEARY THAT THE PROPERTY WAS SOLD TO U AND SHE IS RELINQUISH HER RIGHTS ITS ENOUGH

NO NEED TO WORRY DO NEGOTIATION WITH HER.


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