Unregistered sale deed.
Inder
(Querist) 16 December 2012
This query is : Resolved
A vendor executed a sale deed but because of NOC( no objection certificate) it was not presented to sub registrar, in the mean time a civil suit admits in HIGH COURT regarding this property & the Vendor states that he had sold his share to Person X. & his statement is recorded in high court. during the pend ency of the civil suit that person(vendor) died now the civil suit is decided. the LR of vendor is now not in the mood to execute the sale deed because of high price of the Land.
Now my question is that:-
1 weather I should File a Civil Suit against his Lr?
or
Am I able to register that sale deed on behalf of his statement ?
I have all the consideration receipts with me.
Raj Kumar Makkad
(Expert) 16 December 2012
The legal heirs of deceased vendor are bound by the statement of their predecessor in interest but you shall have to file a civil suit against them seeking specific performance. You should serve a legal notice to the legal heirs and fix a specific date for registration of sale-deed and then you come present on that day before sub-registrar and got marked your presence and then file civil suit after again giving a legal notice.
Inder
(Querist) 17 December 2012
Thank You Raj sir.
Please tell me one thing more:-
The Stamp duty which my client has to pay on the registry is now dated or the previous dated on which he(vendor) had signed & mark his thumb impression on the stamp papers which are unregistered with my client.
Raj Kumar Makkad
(Expert) 17 December 2012
You shall have to got those stamp papers renewed from the office of treasurer otherwise those are outdated.
