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Author Topic: Property purchase  (Read 265 times)

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Offline knowtherules

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Property purchase
« on: July 03, 2016, 11:46:53 PM »
Hi,

Have the following query on property purchase.

*The seller got the property through a gift deed from her father.
*The father has 1 son and 1 daughter.
*Daughter is now the seller and is unmarried . But her brother has not signed the Gift deed given to her as a witness or anywhere else.
*The gift deed was executed 3 yrs ago.
*The father got this property allotted to him from BDA which is the city developing authority.
*The father and daughter(seller) will come for the property registration.

Now the seller's brother is not available for the property registration as a witness since he is located at a different city . He is not ready to come for the registration as he is busy.

Question:
1. Is it really necessary to get the brother's signature as a witness while purchasing this property ?
2. Can the brother start any legal dispute in future with respect to this property ?
3. Is it safer to buy the property without the brother's signature ?
4. What other precautions to be taken care if any ?



Offline adv.amarnath

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Re: Property purchase
« Reply #1 on: July 04, 2016, 11:22:18 AM »
I am replying on the basis of your statements as follows:

1. Is it really necessary to get the brother's signature as a witness while purchasing this property ?
Ans: Absolutely NOT.

2. Can the brother start any legal dispute in future with respect to this property ?
Ans: He has no locus standi in this respect. Even if he files any civil case then the same will be dismissed in limini.

3. Is it safer to buy the property without the brother's signature ?
Ans: 100% safe.

4. What other precautions to be taken care if any ?
Ans: Please collect the Deed of Gift in original and others related documents. Please take possession once the registration of Deed of COnveyance is registered.


For further clarification and consultation you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline knowtherules

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Re: Property purchase
« Reply #2 on: July 05, 2016, 02:43:12 AM »
Thank you Amarnath. I just have 2 more queries.

1. We are not sure if the seller's brother has contributed financially while purchasing this property from the city developing authority.

If we assume that he has contributed financially , can he claim the property in future  on this basis ?

Property was allotted only to his father  by the city developing authority. Please clarify and confirm.

2. Since the property was directly allotted to father , can we assume it as "Self Acquired Property" even though others might have contributed financially ?




Offline adv.amarnath

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Re: Property purchase
« Reply #3 on: July 05, 2016, 02:15:08 PM »
I have replied you over email
« Last Edit: July 05, 2016, 02:17:08 PM by adv.amarnath »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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