LawRato

Problems with Earlier Title Deed what to do


18-Jun-2023 (In Property Law)
I recently bought a land from a "O". This property was sold to "O" in 2008 by 6 members in a family as it was an ancestral property. Let's say "A" was the original owner who died intestate in 1998 who had 2 sons, say "S1" and "S2". So at the time of executing the earlier deed, the survivors (legal heirs) were: 1. "S1" 2. Three daughters of late "S2" ("S2" had 4 daughters, 1 deceased - "Y") 3. Two daughters of "Y" 4. Husband "X" of "Y" So when the earlier deed was executed due to some ignorance, they did not collect the signature of "X", although "X" signed as witness in that deed. Now the problem was identified when I applied for a loan. The bank said as the earlier title was not signed by "X", I now need to get a ratification deed executed by "X". I approached "X" as he was OK for that. The document writer suggested and made him execute and register a new deed where his share (i.e. 1/24) is sold to me. I have doubts if this is the correct way of doing??? Please advise. Thanks.
Answers (2)

Answer #1
839 votes
Usually when some of the co-owners not signed in a document, the usual process for correction is getting a deed registered by such omitted persons subsequently. It is called Ratification deed or consent deed or sometimes even named as sale deed.
Answer #2
777 votes
You have been an innocent third party. As such, there was no threat to your title unless 'X' sought to challenge the earlier conveyance. Even in that case, the liability would have been with the person who had sold you the land. All the present exercise is for getting the loan. As such, the only question whether the new deed would satisfy the bank to grant you the loan.with

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."