• Seller having multiple names

Respected lawyers,

I am buyer and agreed to buy a property at certain price. But during agreement time we noticed seller is having multiple names in each of the identity i.e PAN, ADHAR, VISA and PAsspost, sale deed, House tax receipt n all.

Seller name is Kaki venkata saroja lakshmi prasanna
In Pan card - Kaki Saroja
In Passport: Kaki lakshmi Prasanna
In adhar: Kaki venkata prasanna
Sale deed: Kaki saroja lakshmi

The seller got this property in 1993 and after that she has not taken any personnel loan or mortgaged her property. And from last 15 years she is staying in Germany and came to India to sell all her property and settle in Germany.

Other than the name complexity no abnormality found on sale deeds and EC. I consulted local layers so far no idea how to resolve this issue.

Requesting all to guide how I can overcome this problem

Regards
Visweswara
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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15 Answers

Ask seller to change her name in PAN Card and Aadhar card to reflect her name in sale deed 

 

2) the name in Aadhar card bears no resemblance to name in sale deed 

 

3) mere affidavit that they are one and same person would not suffice

Ajay Sethi
Advocate, Mumbai
96300 Answers
7759 Consultations

5.0 on 5.0

Hi, 

You may use all the names in sale deed using the clause of alias or the seller (vendee/vendor is also known by the name....... having PAN Card Number..........., aadhar Numebr..................., Passoprt No................... etc.) so that the person is caught easily in case of anything wrong on her part. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can tell her to execute an affidavit and paper publication that all those names in different documents belongs to one person and all are genuine

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

This can be the source of a multitude of problems for the buyer as the very title may be under cloud. It is best to avoid purchasing such a property, but if you want to buy it then let the seller first execute an affidavit that all these are one and the same person. This clause should also be included in the agreement to sell and sale deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

See the seller can make an affidavit of same name,.Publish same in 2 newspapers and also in sale.deed name as on earlier sale deed and Adhaar card can be mentioned also thenPAN number can be mentioned correctly then there shall be no issue.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. The Sale Deed can mention the seller's name in this fashion:
Kaki venkata saroja lakshmi prasanna alias Kaki Saroja alias Kaki lakshmi Prasanna alias Kaki venkata prasanna alias Kaki saroja lakshmi.

2. Take an "Irrevocable Indemnity Bond" from the Seller for indemnifying you against any futuristic legal litigation's, costs & consequences, at the hands of her legal heirs, pending statutory dues and/or other persons.

3. The Registered Sale Deed MUST be annexed with the above Indemnity Bond, PAN card, AADHAR card, Passport.

4. The above is legally sufficient for all futuristic legal purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Well sale deed will execute with the name mention in sale deed. But so many names in different documents is a crime.

Tell her to obtain gazette notification from collector office which verify and confimr all names belongs one and same person.

And in way different name have no complication in purchase of property, all her name will include in introduction of sale deed.

Only need to check clear title.

Yogendra Singh Rajawat
Advocate, Jaipur
22925 Answers
31 Consultations

4.4 on 5.0

Mention all of her names in the sale deed

As simple as that

Yusuf Rampurawala
Advocate, Mumbai
7630 Answers
79 Consultations

5.0 on 5.0

- As  per law, An NRI/Overseas Citizen of India , who wants to sell a property in India, should hold a passport; not necessarily an Indian passport, for proofing his /her identity and residence in India. 

- Since, her passport , and Sale deed not referring same name , hence she should produce the following documents at the time of execution of Sale deed in your favour. 

1. PAN Card as an identity proof - Which is also differ in names  , but it can be corrected just the name mentioned in Sale deed , after producing the copy of the sale deed.

- She will get PAN Card with the similar name mentioned in Sale Deed within 7 days of time of her apply. 

- Adhar Card - Address proof , which is also differs in name , can be corrected after producing the copy of the PAN Card with the correct name, and she can get the same in a single day as well. 

- Further for an NRI/OCI, has to give documents in support of her address in India as well as abroad. 

- Her Sale Deed is a primary proof of ownership , hence apart from this documents, you should ask for property tax receipt etc . 

- Since the different documents having different name , hence it is not advisable to purchase the said property without correcting the above said two documents.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
14183 Answers
214 Consultations

5.0 on 5.0

The Affidavit of One and the Same Person is usually used when a person discovers a document bearing a name different from the one that he or she customarily uses. The difference can be due to a erroneous spelling of the name, a missing first or second name, or even an additional name, among others. In order to establish that both documents, despite bearing a difference in name, refer to the same person, an Affidavit of One and the Same Person is executed.
Be sure to ask the seller to produce attested copies of the same while executing the sale deed before the sub Registrar

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

4.7 on 5.0

The only solution which can be applicable in this case is a name declaration affidavit that all names belong to one person which is mentioned in sales deed. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you are interested in buying this property and found that this is a genuine property without any legal issue other than the different name of the vendor in different documents, you may ask her to provide an affidavit duly notarised stating the said names denote her only and also to get a public notice published in a local newspaper in this regard, procure the copies of the same and then you may proceed with the proposed purchase of the said property.

T Kalaiselvan
Advocate, Vellore
86501 Answers
2301 Consultations

5.0 on 5.0

You can ask her to keep same name in all documents Like PAN, AADHAR, VISA and Passport, sale deed, House tax receipt n all.

 

Ask her to maintain name as per property in rest of the identity documents.

 

All change in name at central as she is NRI.

 

Get documents name changed and than performed sale deed.

 

Do let me know if you require help on it.

Ganesh Kadam
Advocate, Pune
12953 Answers
258 Consultations

4.9 on 5.0

1. Ordinarily, PAN Card or Aadhar Card no. shall have to be given in the sale deed to be registered by her  in your favour.

 

2. The seller is required to first execute an affidavit before the 1st Class judicial Magistrate affirming that all her stated four names are her names only and she is known as the same person in those four names.

 

3. the fact of her said affidavit affirming that she is known in all her four names shall have to be mentioned in the sale deed to make things clear at the time of registration of the deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

5.0 on 5.0

You can take an affidavit from the seller stating that all the names are of the same person and get it notarized. The said document can also be mentioned in the sale deed as well. All her names along with her PAN card details, aadhar card details should be mentioned too in the sale deed.

Newspaper publication would be required too. Further, she can get the name corrected to her real name in all documents. 

Siddharth Jain
Advocate, New Delhi
6347 Answers
102 Consultations

5.0 on 5.0

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