Sub registar.
Querist :
Anonymous
(Querist) 20 March 2011
This query is : Resolved
If u dont have the original sale deed and only have a cetified copy of the sale deed and gift that house the person who is getting the gift can't sell the house for the next 13 years for the date of house was gifted ?
Also it has been said that if the original sales deed is lost & if we take a certified copy form the sub registar than also we cant sale the house or flat for 13 years for the date we have applied or got the certified copy ? Any case laws on the above mentioned topic PLS ?
Thanks.
adv. rajeev ( rajoo )
(Expert) 20 March 2011
if it is conditional gift and 13 years condition is put then it cannot be sold to any other person. If there is not condition then he can sell it at any time.
Devajyoti Barman
(Expert) 20 March 2011
Conditional Deed is not a valid form of Deed and any such condition if put in it is not enforceable in law. The bar of 13 years you are talking about is equally not permissible.
R.Ramachandran
(Expert) 20 March 2011
Dear Anonymous,
The answer to both your questions is a big 'NO'.
In fact, it appears that these presumptions have been dished out to you as condition, by some one who wants to place safe between a certified copy of a Sale Deed and the period of adverse possession.
The probable reason for the two assumptions is that in case of adverse possession for a continuous period of 12 years without any disturbance, then the person having possession of the property can successfully defend his possession. Further, whenever Encumbrance Certificate is obtained from the Registrar's office, naturally, the title will be shown in the current person who is possessing the property (the certified copy of the sale deed would also reveal the same). Therefore, probably they might have indicated the above two scenarios to you.
Otherwise, as indicated right at the beginning, there is no legal basis for your two propositions.
In other words, one can sell the property immediately once the certified copy of the registered deed is in his possession, without the need to wait for any time period, leave alone 13 long years.
