Grand children have no share in self acquired property of seller
registrar is correct
inform the bank that on account t of objections from register office name of grand children have been dropped from sale deed
I have made sale agreement with seller including their grandchildren as seller. Now When I am going register, Registrar is saying no power for grandchildren in the property. From Bank, they are saying, Whoever mentioned in the sale agreement, It should be there in sale deed also. Otherwise Loan will be cancelled. What I should do now?
Can a Registrar/ sub-registrar Question/object Write ups in Sale deed?
Grand children have no share in self acquired property of seller
registrar is correct
inform the bank that on account t of objections from register office name of grand children have been dropped from sale deed
Registrar or sub registrar has no business to raise such an objection
His role is restricted to registration and not to go into title
The refusal by the registrar to register the sale deed is completely illegal
1. Please bring it to the notice of the jurisdictional District Registrar and request his intervention to resolve the issue.
2. Yes. Sub Registrar/Registrar can suggest changes in the sale deed, if it's not in consonance, with the legal obligations.
Without knowing the chain of title its difficult to say whether the grandchildren have share in the property or not.
If they have got share in the property then Registrar can not refuse to accept the deed for registration.
Hi, Sub-Registrar has no authority to say who should be party in the Sale Deed. There is no need to change the Sale Agreement.
All owners name should appear on sale agreement and same on loan papers. Do kindly check property card and original sale agreement of seller when he had purchased the property.
Dear Sir,
You may approach District Registrar to pass considered order if order is against you. You may approach High Court.
It was unnecessary to include the grandchildren in the sale deed especially if it was the grandfather's self acquired and own property.
If the sale agreement is a problem for the bank to give loan, you may cancel the sale agreement and enter into a fresh sale agreement and a sale deed accordingly subsequently.
The bank lawyers will go by the rule and law only hence they cannot accept your different version of documents.
You may ask the seller to rectify the mistake and prepare a fresh sale agreement with the seller name alone and then prepare a sale deed also accordingly.
Since the sale agreement would be prepared by an unregistered document only, you may not incur any expenses towards stamp duty etc.
The sub registrar cannot register the wrongly worded deed especially if the sub registrar feels that the sellers do not have any rights in the property, he can refuse to register the sale deed presented before him
If the grandchildren are minor then they don't have to be included as they are not competent to be a part of the agreement.