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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10451
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am purchasing a new property. In order to do this I will

Resolved Question:

I am purchasing a new property. In order to do this I will be remortgaging an existing property I own with my father. We will be transferring equity to my husband for the existing property. My father needs to sign certain forms in the presence of a lawyer in order to transfer equity but he is in India until 10th April. We need to complete by the end of March. What can I do to ensure we complete whilst my father is abroad?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Just so I am clear, I take it that it is the Mortgage Deed for your new Lender on your existing property that needs to be signed by your Father?
Have your Solicitors received all the other documentation/id that they need from your Father?

I look forward to hearing from you.

AL
Customer: replied 3 years ago.
My father needs to sign the TR1 form which is the title deed form. We haven't needed his signature for anything else. Does this make sense.
Customer: replied 3 years ago.
It is a land registry form for the title deed to be transferred which needs to be signed by my father and yes this is for the existing property to be remortgaged.
Expert:  Aston Lawyer replied 3 years ago.
Hi,

Yes it does, thanks.

Well, bearing in mind the time limit, the only thing that can be done is for your Father to physically sign the TR1. His signature will need to be witnessed by a non family member but not necessarily a Solicitor.

I therefore suggest that the TR1 is sent to your Father by email, if possible. He can then print it off and get it signed and witnessed. He will, I'm afraid, need to return the original TR1 to your Solicitor, before the Solicitor can complete the Transfer of equity. I am not sure what the postal service from India is like, but this is what needs to happen.

I hope this assists you.

Kind Regards
AL
Customer: replied 3 years ago.
Does it matter that the witness would be in India? Would this be accepted?
Expert:  Aston Lawyer replied 3 years ago.

Hi,

As long as the witness is an adult and not related to your Father, anybody in the world can act as witness.

Kind Regards
AL
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