When purchasing a property, a buyer must check key property documents to ensure a hassle-free transaction. If one finds multiple seller names in a sale deed or other documents related to property transactions, it may cause legal complications. One of the things a buyer must ensure is to check the seller’s credibility. That is, he/she must ensure that the correct and same names of the sellers are mentioned in documents, such as Aadhaar, PAN and Title deed.
When finalising a property transaction, it is the responsibility of both the seller and the buyer to verify and check the names are aligned in all documents.
Check these tips to avoid being tricked by real estate agents while buying property
Role of correct name in property transaction
To ensure legal ownership over a property and a hassle-free transaction, one should ensure that the correct name is reflected on all property documents. Verification of details promotes trust and authenticity, ensuring a safe investment.
In case of property sale, the correct name and details is necessary for smooth transfer of ownership to the buyer and to prevent any legal complications. Names accurately mentioned reduces the chances of property disputes in future.
What can a buyer do in case of multiple seller names?
In case a buyer finds incorrect details or different names of sellers in various property-related documents, they can address the issue with the seller in following ways.
- The buyer must ask the seller to update the name in Aadhaar, PAN and other documents, ensuring the name matches the name on the property title and sale deed. This brings clarity during the transactions.
- The property seller can draft and sign a notarised affidavit stating that all the names mentioned in different documents belong to them and are genuine. This document serves as a legal proof.
- The property buyer can request is an irrevocable indemnity bond from the seller that will secure the buyer against any consequences.
Can a buyer sue the seller in case of multiple names in a property document?
In case a buyer finds a mismatch of names, such as multiple, different, or wrong names of the seller across property documents, such as the sale deed, property title or identification cards, they have the right to sue the seller to establish rightful ownership over the property.
Various scenarios where buyers can sue a seller
- Breach of contract: In case a seller does not fulfil the terms specified in the sale agreement, such as delivering possession, the buyer can sue them for breach of contract.
- Fraud: Property buyers can sue a seller for providing misinformation or hiding property details.
- Title issues: If there is a legal case on a property or a dispute over ownership, the buyer can sue the seller to resolve the issues and obtain ownership rights.
Handling multiple owners of property in sale deed
Proof of ownership
In case there are multiple owners of a property, establishing the proof of ownership is vital before going ahead with any sale. For this purpose, deeds, mortgage documents, and an official register are essential. Ensure to check the latest documents and they should be authentic.
Consent of all owners
Legally speaking, a property sale cannot take place without the consent of all owners. Thus, there is a need to have a written agreement to avoid any legal issues.
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To avoid legal complications, a property buyer must check and take suitable steps if they find different or multiple names on property-related documents. Besides checking property documents, one should also check if the names in other identification documents are correctly mentioned.
FAQs
How many names can be added for a property?
A property document can have the names of two or more people.
How to sell property in mismatch of names?
A registered deed of rectification can be executed to rectify the names in a sale deed or other property document.
Can a property be registered in two names?
A property can be registered in two names in case of joint ownership of two people.
Can a property have multiple owners?
A property can have multiple owners through joint tenancy, where two or more individuals own the property in equal shares.
What is the difference between a joint owner and a co-owner?
The terms joint owner and co-owner are commonly used interchangeably. There is no legal difference between joint ownership and co-ownership.
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