Unregistered Sale Deed
Querist :
Anonymous
(Querist) 27 March 2011
This query is : Resolved
Dear Sir,
This is with regards to the flat in registered housing society with in Mumbai metropolitan region.
1. Builder (Mr.A) has sold the property to Mr. B in May 1987. Proper stamp duty was paid and Agreement duly registered.
2. Mr. B sold to Mr. C in May 1991. Proper stamp duty was paid (after valuation by stamp authorities) but Sale Agreement not registered.
3. Mr. C sold to Mr. D in March 1994. Proper stamp duty was paid and Agreement duly registered.
4. Mr. D sold to Mr. E in May 2000. Proper stamp duty was paid and Agreement duly registered. Copy of Index II also obtained. Share certificate duly transferred in the name of E.
My query is with regards to the Second agreement between B and C which is unregistered.
(1). Whether Mr.E himself can get it registered? Mr. E doesn’t know where about of Mr. B or C at present.
(2). what is the liability of Mr. E in the present case with regards to the unregistered document between Mr. B and Mr. C.?
(3). whether title of the document can be claimed to be clear?
Please advice.
Thanks & Regards
R.Ramachandran
(Expert) 28 March 2011
You need not worry for the missing registration of the sale deed between B and C.
After all, B has not come and raised his claim for the property all these years - i.e. for more than 20 years. The period for raising his claim which is maximum 12 years has already expired. So he cannot come up with any claim now, since it is hopelessly time barred.
Further more, there is continuous registration of transactions right from 1994. Currently, it is more than 16 years. Therefore, so long as there is registration right from 1994 continuously, you better ignore the non-registration of the sale deed between B and C. In any case, all the sale agreements contain a clause for indemnity in case of any defect in title.
Your document is clear and you can claim so. Everyone whoever is in the know of things in dealings in immovable property would understand. In case I am the purchaser from you, i will just not bother about non-registration of the sale deed between B and C.
bhagwat patil
(Expert) 28 March 2011
In Maharashtra the search is taken for 30 years.It is trick of some land traders to keep chain of transactions weak and create litigation at ripe time.the title is not clear 100%, though it is tilted towards E side.litigation is possible. taking account of the fact you can negotiate the price.for further advice send B..to..C deed and call 9422773303
R.Ramachandran
(Expert) 28 March 2011
Dear Mr. Bhagwat,
It may be that in Maharashtra the EC is taken for 30 years. Please indicate the legal basis/background for doing so. Otherwise, is there any separate law for adverse possession / limitation (more than 12 years) for laying claim for immovable property in Maharashtra and if so, what are the relevant provisions.
Querist :
Anonymous
(Querist) 29 March 2011
Dear Sir,
I express my gratitude and appreciate quick advice.
Thanks & Regards
