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kannan.s (designer)     02 September 2014

Query

Dear All,

I am planning to purchase a flat from owner share on bank loan. all the documents are proper in place except the supplemental agreement indicating the flat sharing between owner and developer is not registered. JDA, GPA indicating percentage sharing is registered. but supplemental agreement is signed and franking is done.

Bank is asking the developer to put the consenting witnesses on my sale deed. is that mandatory is my question. developer is ready to do witness not consenting witness. bank is insisting on consenting witness only.

Note: the owner is expired and he gifted the flat ( which i am planning to purchase ) as gift deed to his son and he is peaceful possesion for past 2 years and i have entered in to the sale agreement with owner son

pls advise. can i go head with developer as normal witness in my sale deed?

      in future the developer cant claim for the above property?



Learning

 4 Replies

shrinivas mitta (technical engineer)     03 September 2014

Dear Sir,

I am presently staying in Mumbai together with my wife. I got married in 2007 in Andhra Pradesh.

Now I am need of getting my marriage certificate.after marriage my wife name was changed

I am staying in Goregaon,Mumbai. Kindly guide me how to get my marriage certificate from BMC office.

Thanks in advice.

 

regards.

 

shrinivas

Biswanath Roy (Advocate)     04 September 2014

@ Kanna S.,

Under the stated circumstances if the Developer disagrees to sign in the sale deed as Consenting Party Vendor may serve a legal notice upon him demanding his consent for such transfer of the property by way of sale.  The notice should be drafted in such manner that if the developer keeps silence the same can be treated as his express consent in the matter and which can form a part of the Deed of Conveyance.

T. Kalaiselvan, Advocate (Advocate)     07 September 2014

@Kannan:  The developer if is a GPA to the property and if the property has not been handed over through execution of sale deed to the purchaser, he has to give his consent and sign such witness which is an issue insisted by the bank.  The bankers if insist on such issues, it is better to comply with it, also, under such circumstance, it is always better to get a legal opinion from a local lawyer by producing the papers before him before going for purchase.

T. Kalaiselvan, Advocate (Advocate)     07 September 2014

@Shrinivas Mitta:  You should use a separate thread to post your query and not use somebody's thread for it.;

To your query:  You can make a personal visit to the local marriage registrar office, you can see the details and list of requirement/formalities to be complied with for registering the marriage hung on the notice board at the entrance of the office, observe them properly, get the marriage registered accordingly, you don't need to approach any middleman for solving the issue.


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