• Follow up to previous question

Sir Mr anil Kanodia was authorised by the company to execute the sale agreement on behalf of the company by a board resolution dated 15/08/21 prior to the registry , this document has also been followed by a a letter from the Tehsildar clearly certifying that land was purchased by Mash spirits Pvt ltd through its director Mr anil Kanodia and the registered sale deed document numbers have been mentioned on the letter issued by the Tehsil office. 

Do we still need any further proof to justify ownership of land?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

It all depends upon wordings of sale deed 

Mere letter from tehsildar is not conclusive that land was purchased by company 

Ajay Sethi
Advocate, Mumbai
97836 Answers
7931 Consultations

As advised earlier, there is no need for you to submit any further documentary evidence. Please ask BPCL to examine your documents by their lawyers. If they reject your application again, move the court for appropriate remedy.

Swaminathan Neelakantan
Advocate, Coimbatore
2975 Answers
20 Consultations

- Since the registrar has certified the said letter in favour of director , then legally he was having authority to execute the sale deed on behalf of the company. 

- However, this contents should also mentioned in the sale deed properly, and if given a clause for the same then there is no need for further proof of ownership of the land. 

Mohammed Shahzad
Advocate, Delhi
14898 Answers
226 Consultations

The letter by the Tehsildar stating that property purchased by MSPL and the authorisation letter given by the company authorising the director to purchase the property are only supporting evidence to what you wanted to express.

Whereas the legal fact is different.

The fact is that the property has been purchased by Anil Kanodia, the director of the MSPL, which clearly indicates that it was not bought on the name of the company instead it was purchased by a registered document in the name of Anil Kanodia.

In the given salutation the title to the property in respect of the company is defective, to rectify it, you may have to get a registered rectification deed executed to correct or rectify this technical error, which would in the future interests of the company too.

T Kalaiselvan
Advocate, Vellore
88038 Answers
2374 Consultations

No it's enough but it should accompany the sale deed with the same

Prashant Nayak
Advocate, Mumbai
33113 Answers
215 Consultations

Dear client, 

If these are mentioned in the sale deed properly then that will be sufficient enough. 

Thank you

Anik Miu
Advocate, Bangalore
10488 Answers
121 Consultations

You can use these 

But also have a deed of rectification registered to leave no loose ends 

Yusuf Rampurawala
Advocate, Mumbai
7784 Answers
79 Consultations

Dear Querist

No there is no requirement, except to get the certified copy of the sale deed executed in favor of the Company by the person/owner of that property. file an application for certified copy of that sale deed before the office of registrar and get the same within 2 days or on same day, check it and then go further. don't believe any letter issued by any Tehsildar, it may be possible that those documents are forged, and in future Tehsildar may say that his signature was also forged.

 

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

1. Was there any sale deed signed by Mr. Anil Kanodia for and on behalf of Mash Spirits Pvt Ltd. which has been registered (not the Sale Agreement only)?

 

2. If yes, then the ownership of the land in favour of Mash Spirits Pvt. Ltd. is established.

 

3. The new owner of the property should not mutate its name.

Krishna Kishore Ganguly
Advocate, Kolkata
27538 Answers
726 Consultations

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