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What is the difference between the witness and the consenting witness?

- by Vijaykumar, Bangalore

Witness is only a witness to the signature of the parties to a document.  Consenting witness is not only a witness to the signature of the parties to the document but also  he is aware of the transaction by way of giving his formal consent for the transaction.  Consenting witness releases his right, title and interest in the property under transaction.  Consenting witness should be present and admit the execution of the registration of the document in the concerned sub-registrar’s office.

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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:- A year back I purchased a house in Jayanagar. I had paid the Stamp Duty and Registration as calculated by the Sub-Registrar. The Khata is changed to my name and I have paid the upto date property tax. But recently I have received a notice from Department of Stamps and Registration (under valuation) stating that the house is undervalued in the sale deed, and has demanded further stamp duty of Rs. 33,000/-. I have paid the stamp as determined by the sub-registrar. Then how the department can issue a notice?

Q:- I have purchased a flat in a recently constructed apartment at Kanakapura Road. The area comes under the jurisdiction of BDA. All the owners have agreed to form an association. There is some doubt, where the association is to be registered, Registrar of Firms or Registrar of Co-operative Society. Some owners mention that the association has to be registered with the Sub-Registrar. We seek your guidance?

Q:-
I have recently transferred to Bangalore. Being impressed by the City, I want to buy a flat but my resources are limited. Can I register only undivided share of the Land as the flat is still being constructed. Later on completion of the construction, whether possession can be taken supported by possession certificate? Whether this type of transition is legally valid?


Q:- I have been recently transferred to Bangalore. Being impressed by the city, I want to buy a flat but my resources are limited. Can I register only undivided share of the Land as the flat is still under construction? Later, on completion of the construction, whether possession can be taken duly supported by possession certificate? Whether this type of transition legally valid?

Q:- Inadvertently, boundaries of my house site have been wrongly mentioned in the sale deed which is already registered in my favour.  Please let me know how to get this mistake rectified?  Whether will it suffice if I address a letter to the concerned Sub-Registrar to correct my sale deed and their records?  Or whether any rectification deed is to be executed to rectify this mistake?  If so, what are the registration charges payable to registration of rectification deed?