Registration act
Balakumar.S
(Querist) 05 August 2012
This query is : Resolved
Sir,
A and B had proposed to exchange their properties among themselves. In stead of getting Registered Exchange Deed, they decided to go for registered sale deeds for the reasons best known them. Accordingly both the sale deeds were prepared, consideration has been passed, duly signed by both A and B in their respective sale deeds. Then both the documents were presented for Registration with Registrar. Since there was rush in the Registrar's office tokens were issued to call the parties for registration. As per the turn, A had executed his admission before the Registrar and the document was registered. When B was called for registration and execution he did not turn up willfully and evading. The documents were executed on 05-05-2012.
What is the legal remedy open to A to get the sale deed get registered from "B". No documentary evidence so far obtained from Registrar concerned to prove that the said document was presented before Registrar for registration and B failed to present. Please give valuable suggestion. Thanks for all
adv. rajeev ( rajoo )
(Expert) 05 August 2012
A has to go for cancellation of sale deed, which he has executed in favour of B. If he wants to get the regd., sale deed from B, A needs evidence.
prabhakar singh
(Expert) 05 August 2012
The execution was proved from issuance of token and could have got registered even without B in the light of circumstances before the registrar Where not only one but two deeds were there,he was to register or to refuse.
Why a refusal was not got endorsed and why not appeal was filed before registrar?
Now only civil suit of cancellation of sale deed by A registered in favor of B to gather with an alternative relief of mandatory decree against B to register his execution may serve as remedy.Plaint should be Crystal about all facts and circumstances.
J K Agrawal
(Expert) 05 August 2012
you may go to registrar also and he is having compelling powers. Civil Suit is involving huge Court fee and long trial.
S Kaladevi v R Somasundaram AIR 2010 SC 1654
JANAK RAJ VATSA
(Expert) 06 August 2012
A should go for cancellation of sale deed in favour of B since the intention of B are malafide as seen from his conduct
Balakumar.S
(Querist) 09 August 2012
Thanks for providing to proceed over the matter which I am confused.
