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Can a lawyer be the witness for sale agreement by his wife


30-Apr-2023 (In Property Law)
Myself and my husband signed an agreement for purchase of a flat in Bengaluru which was owned by a lady. Her Husband who was a lawyer offered us all help to draft the agreement. He has also signed as a witness. Is it legally permitted?
Answers (3)

Answer #1
915 votes
Yes you can proceed with the purchase. If you disagree with any clause in the Agreement you can request it to be changed as per law.It is safe to make legal dependents of the seller consenting witness in the Sale Deed too.If you still have any doubt regarding title of the flat you can contact me for verification along with EC and recent tax paid receipt of the flat.

Answer #2
731 votes
Sir,
The lawyer can be a witness to a agreement of purchase in his personal capacity not in official capacity. The official capacity means who prepared the agreement of sale. Please check that who is prepared the agreement of Sale, In case if it was prepared by some one and the said advocate signed the same, then it is valid.
Answer #3
887 votes
madum/sir, THE agreement witnessed by the husband is no wrong in law. There should be two witness. At least, one witness should be from your side who was well aware of your sale . If the agreement is signed by the vendor's husband is also legal subject to payment requisite stamp duty.

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