• Need to change sale agreement or change 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?
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

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

Ajay Sethi
Advocate, Mumbai
96714 Answers
7797 Consultations

The objection by registrar is valid as property  is not standing in name of grand children 

Ajay Sethi
Advocate, Mumbai
96714 Answers
7797 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7658 Answers
79 Consultations

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.

Shashidhar S. Sastry
Advocate, Bangalore
5374 Answers
329 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23180 Answers
509 Consultations

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. 

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

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.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

Dear Sir,

You may approach District Registrar to pass considered order if order is against you. You may approach High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

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.

 

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

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

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

You can't include if they are minor without noc and courts permission. 

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

In case some illegality is shown to him or he notices something he may object.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

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