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Question ID : 42279

public notice for property

Mr. A is the owner of the property. Mr died in 2016. Mr. A has two sons as legal heirs ( Mr X and Mr Y . Release deed is prepared between Mr. A and Mr. B . Mr A has renounced his share and transferred his share to Mr. B and now Mr. B is the sole owner of the property. Mr Y a purchaser weants to purchase the property from the Mr. B. Query is (1) Is Mr Y ( purchaser) required to confirm that is there any other legal owner apart from Mr A and Mr. B. . if yes, how he can confirm (2)Before purchasing, is Mr. Y (purchaser) required to publish in newspaper about this purchase

Posted by samirkumar gokulbhai kasvala on May 10, 2022

Filed Under MISC.

Answer ID : 81486

The purchaser had to confirm the ownership of the seller before he gets the property registered in his name, . He must ascertain that the seller is the sole absolute peaceful owner and possessor of the property which he intends to sell. It is free from any encumbrances, lien, mortgages and is not subject to any earlier agreement of sale or sale. The purchaser to get encumbrance certificate for the last thirty years from the concerned SRO office. Must give a paper citation stating the fact that he had entered into an agreement of sale for the purchase of property from so and so purchaser and intends to get it registered and if any body had any interest in the said property to contact within a certain period. otherwise the property will be registered and after that no objection will be entertained . In the sale deed also mention a clause that no other person had any interest in the property which is proposed to be sold and if in future any claim is made and the purchaser is put to loss, he must be compensated by the seller. Further it is better to make the legal heirs as the consenting parties to the sale deed or make them the witnesses

Posted by Anwar Iqbal on May 11, 2022
Answer ID : 83589

The purchaser must go for a search report about the ownership of the property from a very good advocate of the area expert in the property related matters. Ideally , he cannot give any advertisement in the news paper as he is no one of the property. He must enter an agreement with the seller that in case of any title dispute the seller must return the whole consideration along with the registration charges etc with a simple interest say @6%.

Posted by CA. JHA SHANKAR KUMAR on Aug 10, 2022