Rectification deed and registration of property

Dear Swapna,

Already the said plot was sold by the actual owner during his lifetime , when his name was there on the property card.  No matter, he has son or a daughter.  

Thanks a lot for your Reply Sir !!,

I have applied for a SBI realty Loan and the concerned legal officer is asking for a Lega Heir certificate of the SOn(who was part of the rectification deed). Hence wanted to know if it is really a Legal requirement.

If its a Bank procedural requirement, am fine with it and can go ahead with registration of the property.

Yours Truly,

Swapna

Respected sirs..
1.we have purchased a property an year back, the boundaries were mentioned wrong, and the same mistake is running for the last 3 last transcations.
Is it necessary to go for a rectification deed or is there any GO stating that it is not necessary since it is running for the last 3 sale considerations?
please advice me if any GO is there.

2. Can a son/daughter-in-law.. purchase property from his father / her father-in-law.?
where the daughter-in-law is a Govt employee and the son is self employeed. We have approched a bank, they have sanctioned the loan and funally when they came for verification.. the Officer said it is not possible , since the Law wont agree, a father/father-in-law .. selling the property to his son/ his daughter-in-law ??
This is a genuine sale/purchase, since the father purchased the flat for the son/daughter-in-law.. with his retired benefits , when the flat is sold by a person at a cheaper rate, and when the son/daughter-in-law were not ready to go for loan in short span.
now the bank has to give the loan, and the money has to be given to the father by the son/daughter-in-law.

please give me an advice to come out with a profession / legal solution.
regards,
krishna sastry - hyderabad.

 

For Swapna   :-   You have applied for a loan and there is a rectification deed is signed by the son , hence bank will called for the legal heir , because , they have to believe or verify wheather the said person is legal heir or not so it is legal requirement before grant of loan.  You ask the same from him who signed the rectification deed.

Dear  Krishnashastry,

1. Legally it will proper to carry out rectification.

2.  Son can obtain his father property by way of Succession/Will deed/or Gift deed only.  As son can not buy his own father's property  because he himself is a legal heir to his father as per Hindu Succession Act.1956.

3.  Daughter-in-Law stands in second schedule of HSA 1956.

In your case, you opt for Gift deed in f/o son or in f/o daughter-in-law  for obtaining loan will be proper as term for repay loan is also lenghthy.

Dear Sir,

I have obtained the Family certificate(as the initial Vendor was a Farmer) of the Son from Tahsil office who has done the Rectification deed and got the property registered on my Name as the current Vendors were asking to complete the registration and the Agrrement was about to Expire.

However recently when i visited the Legal Advisor of the Bank for Loan, he was mentioning that the Rectification Deed should have been executed by Two daughters as well in addition to the Son. So i have explained him that the rectification deed was done a year back by the current vendors and also it is very difficult for me now to go back to the daughters and get it done once again Now.

So my clarification goes like this(Apologies if am repeating my question).

1> Is it Mandatory that all legal heirs should execute the rectification deed?

2> Can any of the other legal heir(two daughters) object the rectification deed itself, if so is there any other way out now since there has been two registered transactions tills now(first a Release deed and second my registration as part of the buying the land)

Thanks & Regards,

Swapna

Dear Swapna Garu,

Along with the present owners, you can request the two daugthers to confirm the sale of land in your favour, there the legal infirmity will cure and get execution of Sale Deed in time as per your agreement. Even that will be agreed by the SBI Reality Legal officer, if you are able to do that

Dear Narsimha Rao Sir,

Thank you for your reply.

Given that registration of my buying is already done. Can i obtain a NOC from the other two daughters at the earliest possible regarding the rectification deed or  is there any other legal means by which i can achieve this.

i may try for a loan from other means so loan from SBI is not a mandatory now.

Thanks,

Swapna
 

Dear Swapna,

Get the consents of those two daughters by way of executing consent deet or confirmantion deet to that rectification deed.  This will do.

What is the registration charges for rectification deed..? where it has to be registered..?