Will we need all signatures to register the sale deed?

My mother and her sister inherited agricultural land from their father. Both my mother and her sister passed away almost ten years ago, and the property is now jointly held by me and my siblings, as well as my aunt’s successors. Currently, all joint holders, except for myself and two other stakeholders, are selling the property to a buyer. In the draft sale agreement, one of the clauses states: "Furthermore, it is agreed that the title deed for Vendor No. 3, 4, and 5's share of the property shall be transferred to the respective vendors' names simultaneously with the registration of the sale deed." Given that our relationship is not good with one of the joint holders, we are concerned about the possibility of needing their signature again when selling our share of the property. Could you please advise on the procedure we need to follow while registering the sale deed?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 05 Nov 2024

To navigate the sale of jointly owned property, all co-owners must agree on the sale terms, including price and division of proceeds. Prepare a sale agreement detailing the property, ownership shares, and responsibilities, signed by all co-owners. Verify any financial liabilities, such as loans or mortgages, that could affect the sale. Consulting a lawyer specializing in property law is advisable, especially with strained relationships among joint holders. During registration, ensure all necessary documents are ready and that all co-owners are present to sign the sale deed. If one refuses to sign, legal action may be required to resolve the issue.

Admin
Advocate By LEAD INDIA Answered: 25 Oct 2024

Sir, this matter requires brief discussion so it is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.

 

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