Two witnesses must be current for executing a present deed
My father needs to switch our home to my sister as a present deed. I’m keen to signal a no objection certificates for a similar. My father can’t maintain a gradual hand whereas writing or signing and isn’t capable of stand up on his personal, not to mention stroll. The home is in my father’s identify. My sister has been caring for my mom and father for years now. Somebody mentioned that we must always rent a professional for video recording if my father can’t go to the registration workplace to signal the present deed. It may price ₹30,000-40,000. Would his thumb impression taken at house be sufficient? What is the correct course of to observe?
—Name withheld on request
Your father can be permitted to make use of his thumb impression to execute the present deed. We would advocate that you just receive a medical certificates out of your father’s consulting doctor, testifying to your father’s psychological capability to execute paperwork. This may additionally elaborate on his current bodily situation.
The physician’s certificates can be essential for evidentiary functions ought to the present deed be challenged sooner or later. We would additionally advocate a video recording of the execution, the place he can acknowledge that he absolutely understands the scope of the present deed and is executing the doc with none coercion, and so forth. The recording should particularly seize the second whereby your father affixes his thumb impression on the present deed.
The presence of two witnesses for the execution of the present deed will probably be required. The present deed may even must be registered. You might have to talk to your native registrar to acquire an exemption to your father from attending the registration course of in particular person. The physician’s medical certificates can be helpful for this objective as effectively.
The switch beneath the present deed would additionally entice the fee of stamp responsibility (the quantum of stamp responsibility would rely on the placement of the property).
Rishabh Shroff is companion, Cyril Amarchand Mangaldas.
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