Related to Sale Agreement

1 year ago

The apartment is under construction and the owner hasn't registered it yet. I want to buy it as resale property and the agreement between the seller and me has been done. Now, during the agreement process among us three (builder, seller and me) , the seller (only Mr) went outside of India for minimum 1 year and before leaving, he gave the.power of attorney to his wife (co owner) who also left now India and could not sign the agreement paper. Although the agreement paper was prepared on the same date she left India by midnight. So, as per the suggestion of builder, we both seller and buyer can sign on the agreement paper by exchanging the document on postal. But the Agreement paper clearly shows the document should be signed by seller and buyer in the presence of builder, and signatures of witnesses are mandatory. But for the easiness of deal, though the builder suggested the seller (both owners Mr and Mrs) to sign the paper( but i think the paper should be signed by Mrs owner only as the validity of the paper now lies in the fact that the seller (only Mr) has already left India by the date document was prepared). Also secondly , I think if this can be done through post also, putting the witness signatures can invalidate the Agreement paper in case of any legal issue in future. So, please suggest me if I should proceed with the both owners' signatures by post and also what to do with mandatory witness signatures fields in the document?? Thank you.