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I have a small query regarding execution of sale deed. I had purchased a commercial office property in Ranchi city during 2002. Recently I observed that in the sale deed only the seller (builder) has signed the documents and I didn’t sign the deed. Further I checked with other people also who had purchased their properties during that time and didn’t find their signature either on the sale deed. In this case, is my sale deed still valid or do I need to get executed another sale deed with my signature on it.

- by Ravi Agrawal, Ranchi

The vendor has conveyed the property to you under the said sale deed. Therefore your signature is immaterial and will not affect your title over the property. Insisting the purchaser’s signature depends upon the rules of the particular state.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- What is the difference between ‘Earnest Money’ and ‘Advance’ in Agreement to Sell?

Q:- What is meant by Defect Liability period in  a construction agreement?

Q:- I have taken some land on lease for 99 years and had con¬structed a multistoried building. The lease deed contains a clause. "Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor". The lease deed provided for construction of building, I have given portions of the building on leave and license to various busi¬nessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licensees demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licenses?

Q:- In connection with the purchase of a plot in a township on Mysore Road, I have paid major portion of the sale consideration to the developer. But the developer has not completed even half of the work and the progress work is unduly slow for various personal reasons of the builder. I have lost interest in the plot because of this. Please advise me how to get back my money with interest from the builder?

Q:- My wife and my children have thrown me out of the house because of some difference of opinion. I purchased a site and constructed a house there on out of my own funds and presently, they are enjoying this property. Can I Sell this house in occupation of my wife and children? Will they claim their share in the property?