Dear knowledgable lawyers.
I am buying a vacant site in Bangalore from a retired doctor.
It was alloted by a housing society, and a proper sale deed is done from society in favor of its current owner .
My local lawyer had cleared all title deeds as good to go and bank loan is also approved after legal verification.
The owner has 2 sons, and my lawyer is insisting to get them as consent witnesses during registration. The problem is both of his sons are settled abroad, and may not be able to travel to India for this sole purpose. Owner also is arguing that no consent/signature is required it is his self acquired property.
However my lawyers arguement is that, in the sale deed from society to current owner, the source of funds is not mentioned. It just says "The VENDEE had paid the full value of the site, which the VENDOR hereby acknowledges". My lawyer is expecting a reference to a cheque or DD drawn in favor of VENDOR, nothing of such item is mentioned in this deed. This sale deed is done in 2002.
My lawyer gave a possible troublesome scenario where the children can claim rights on the property on the pretext that the source of the funds to buy this property came from selling an ancestoral property. Also it can be a problem in case i have to sell the property in case
The owner however has calrified that he used his retirement funds ( he retired in 1998) to buy this property, and also he immediatey shared his childrens contact details for any queries.. The owner also agrees that he can get any kind of documents done from his children whenever they visit India. But he doesnt want to hold the registration just because of this reason
Looking at all articles and information available in the Internet and LawyersclubIndia site, I have a feeling that I can go ahead with the Registration without presence of children. However I need additional opinions from learned laywers here for a go.
I know that having children as consent witness is 100+ % safe, but in this siutation, what can i do to get a legally acceptable consent from both children? Will an email confirmation from them will help? or a Notorized consent document from their locations ( Australia and USA) sufficient?
Please help.
Nagaraj
