• Seller has not produced Release Deed

I have purchased property in Mysore in 2005 taking loan from Private Bank. Now i am unable to sell the property as my seller has not produced any Release Deed during my purchase. Her father expired much before 2005. She has 6 siblings and no release deed was made, The property is transferred to her name by Muda with affidavit by 3 of her siblings notarized , but now the lawyer says it is not a valid document as there is no release deed. I have the sale deed and khata, got the EC and tax paid receipts until now in my name. The seller from whom i bought is expired and I don't know where her siblings are, it is impossible to get anyone now.

My lawyer has given notification in Mysore news paper, if any concern can contact within 10 days to claim, it is already past 15 days now, no claims have come.

Please advise if there is any option.
Asked 11 years ago in Property Law

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1 Answer

One has to be careful while entering into a property transaction. A clear and marketable title is first thing to look into. Unfortunately you took a hasty step while buying the property. The property was not in seller's name as it appears that her father was owner of property. Any release deed at this stage from her siblings even they are located shall have no value. The perspective buyer would not like to buy the property which is yet to be mutated in your name. In my opinion the step taken by you to notify in the newspaper shall not give you any advantage. The Registrar/ Sub-Registrar shall not register the sale in your name on that basis. All the legal heirs have to agree to sell/transfer the property in your name afresh.

H. S. Thukral
Advocate, New Delhi
620 Answers
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