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Can a person buy a property if all the joint owners are not signing
07-Jan-2023 (In Property Law)
I am trying to buy a plot/land , which is registered on the name of say "X(Woman)", she is having four sons, who are married and having children also.. she wants to sell the land and his 3 sons are ready to counter sign , Fourth one is also ready, but he is not in india to sign at the time of registration. She is saying orally that no problem will araise in future either legal or personal. Is it required to have the counters signatures of her sons, if So & if he cannot sign what are the possible options i have to buy the land.. Thanks & Regards.
No problem at all as per your version it is self acquired by her so you can. Even there is a option in sub registrar office that on behalf of 4 th son ie authorised can sign the document if that is self acquired property of her then their is no necessity of her sons also
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Adv. MK Gururaja Rao
Yemmiganur | 25+ Answers
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The details are not clear as to which religion the woman belongs. It is not a joint property since the property is registered in the name of the woman. If it is purchased out of her own funds and if it is her exclusive property by inheritance, gift or in any other mode then there will not be any legal hassles since she can deal with the property any which way she likes. the query do not suggest that the woman is holding the property in joint with her four sons. It can be presumed that the husband of the woman is not in picture. But as an abundant caution if the proposed buyer wants the sons of the woman to be consenting parties or counter sign the deed he can put such demand before the Vendor. If any of the son is out of station , the vendor can request her son to execute a GPA in any one's favor before the Indian embassy of the concerned country(notarized) and send the same so that the appointed attorney can sign the deed on his behalf.
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Adv. C Hari Prasad
Nizamabad | 100+ Answers
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Dear Concerned, if the property is registered on name of a Women then it is not mandatory that you take signatures of her children, any way if you are doing it to avoid any further litigation's then it’s a good step, for the son who is not present in india you can send him a format to sign and get it attested from the Indian Embassy in the country he is staying. This would be sufficiently enough. All the Best.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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