In the context of a sale deed, a consenting witness plays a crucial role. Here are the key responsibilities of a consenting witness:
Presence During Signing: The consenting witness must be present during the execution of the sale deed. They witness the process firsthand.
Identity Verification: The witness verifies the identity of the parties involved (i.e., the buyer and seller) using valid identification documents.
Signing the Sale Deed: After confirming the authenticity of the signatures of both the buyer and seller, the consenting witness signs the sale deed.
Testifying in Court: If required, the witness should be able to testify in court about the signing process and accurately identify the parties involved.
It’s important to note that the role of a consenting witness is distinct from that of a confirming party. All legal heirs of the landlord (i.e., the property owner) must compulsorily sign as confirming parties to the sale deed. Their signatures hold legal significance, whereas the consenting witness’s role is primarily to witness the transaction.
Additionally, the execution of a sale deed does not require attesting witnesses like a gift deed does. Therefore, the examination of attesting witnesses to prove the execution of the document does not apply to sale deeds governed by Section 54 of the Transfer of Property Act.
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What is the role of a consenting witness in the sale deed?
Rathangpani desai
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2024-02-13T10:57:22+00:00 2024-02-13T10:58:24+00:00Comment
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