Registry of flat
Raj
(Querist) 12 May 2015
This query is : Resolved
Hello there, I'm from Jabalpur (MP) and my mother bought a flat in 1989. Since her financial position was not strong then she was asked by seller to regiater flat later on. In 1997 a deadly earthquake came in our city killing 5 labourers in construction site of our builder/seller. He was charged with some cases hence went missing. Now we are not aware of his location.
My mother is bedridden and has little time left to survive due to last stage of cancer hence doctor advised to complete all necessary documents etc at earliest.
Please tell what option I have now? The seller/builder is not available for completing registry process. How can we register flat now?
Thanks in advace.
Guest
(Expert) 12 May 2015
You have not discussed what are the conditions of formal agreement with the seller, which are relevant rather than any verbal discussion.
Give full description of the case, including the conditions of the agreement and the date agreed for registration of flat.
Raj
(Querist) 12 May 2015
We have Agreement to Sale between builder and my mother. It tells about price, amount we paid dated 2nd Feb 1990 on a 5 rs stamp paper duly signed by seller, buyer and 2 witnesses.
Sorry for not being aware of legal terms/papers.
Guest
(Expert) 12 May 2015
What was date agree for registration of property?
Raj
(Querist) 12 May 2015
No formal date. Builder assured that registry will happen later on when our financial position betters which unfortunately couldn't happen due to his missing later on after 1997 incident. There is only agreement to sale of ownership. Also worth mentioning is we posses all receipts of amount we paid time to time and no-due certificate on letterhead of seller on a stamped and signed dated 23rd March 1990 just before we took possesion.
Raj
(Querist) 12 May 2015
Reading agreement I found this - Agreement states that builder will execute deed of sale in favour of purchaser on full receipt of amount and purchaser will resgister within one month of possession.
Guest
(Expert) 12 May 2015
Forget it. Neither agreements can be made for indefinite period nor the registration is possible without recipt of full payment by the seller, even as per agreement.
Raj
(Querist) 12 May 2015
Sir there should be some clause. We are residing there since 25 years. Just that we did not have registry and seller isn't available as 2nd party for regiater work. how will be able to sell to someone else now. Also in absense of my mother who is on life-saving drugs how shall i, only child, will able to claim for selling in near future? Is there no option left?
Jeetender Gupta
(Expert) 12 May 2015
Get a GPA / Gift Deed / Will made to transfer / assign her rights in the property in your favour.
Raj
(Querist) 12 May 2015
Thanks sir. I'm in process of getting WILL done tomorrow. Already completed paper works from our end yesterday and today.
Raj
(Querist) 12 May 2015
Please suggest if something can be done regarding regiatration? Someone dealing in property business advised something called specific performance but being novice in legal field I'm not sure what it is and how is works or will help. Thanks again for all inputs. Please find me solution too to register flat in presence of mother who only has few week left.
Rajendra K Goyal
(Expert) 13 May 2015
For specific performance case, discuss with local lawyer and show him all the documents.
Jeetender Gupta
(Expert) 13 May 2015
Specific performance can be sought within 3 years from breach. Maintainability of specific perform will be questioned unless court is generous enough to condone delay. A court fees shall also become applicable for specific performance suit depending upon value of property.
Guest
(Expert) 13 May 2015
Jeetender ji,
With reference to your advice, "Get a GPA / Gift Deed / Will made to transfer / assign her rights in the property in your favour," even if she seeks for GPA / Gift Deed / Will made to transfer / OR GET assignED her rights in the property in HIS favour, who will do that when the seller is missing, HER MOTHER DO NOT HOLD EVEN A gpa, The agreement is 34 years old and her mother has yet to make payment of the cost of the property? You may like to refer to his statement, "Since her financial position was not strong then she was asked by seller to regiater flat later on."
Again the querist stated, "Builder assured that registry will happen later on when our financial position betters."
Again he states, "doctor advised to complete all necessary documents etc at earliest." So, from where doctor cropped up in the property matter, as if he was a property advisor, instead of being concerned with the treatment of her mother.
Also, I hope you can get hint about the story being fictitious and academic in naturem when he states, "We are residing there since 25 years." The question arises, what an extraordinarily generous and charitable the seller would have been, who had allowed possession 25 years back to the family to live in the house and never demanded the cost of the property.
If he really has a problem and is afraid of her mother having little time left to survive due to last stage of cancer, he could well have run to some local lawyer without loss of time to take his help in the property matter, rather than waiting for variety of different advices on his casual query that too without discussing the problem threadbare.
SO, IN MY VIEWS, THE QUERY IS NOTHING EXCEPT A VAGUE & FICTITIOUS ACADEMIC QUERY.
Jeetender Gupta
(Expert) 13 May 2015
Dear Dhingra Sir,
This was my understanding of the query : The person has apparently paid all dues towards the payments to the builder and hence got possession & NOC from builder. Probably they saved on stamp duty cost and did not register the sale deed. It is primarily loss to state exchequer and not really to the builder. Worst case, they are in adverse possession.
Guest
(Expert) 13 May 2015
Jeetender ji,
Due to academic nature of the query, I have nothing more to add here. You may like to see my PM also.
Raj
(Querist) 13 May 2015
Dhingra sir, i came here for help and not anything academic or fictitious story.
1. We bought a flat in Sep 1989, paid in FULL in Feb 1990.
2. Yes we wanted to save stamp/registry money due to financial conditions. Seller also advised for help later.
3. Doctor cropped up as we didn't care to register till I was told my mother has 1 to 1 and half months left thus complete all procedure which requires her.
4. Finally I already have inquired 2 local lawyers. 1 is looking to fetch money and other advised something called specific performance suit by sending summon to builder.
5. I came for expert advise on how can things be quick not to get blamed. I can upload all property papers as well as my mother's health reports just to clarify how wrong you are.
6. Thanks for whatever help sir, highly appreciate. I came here searching on google FOR EXPERT ADVISE which could have been much better than a local lawyers. Didnt get any, never mind.
Guest
(Expert) 13 May 2015
Mr. Raj,
Saving in stamp duty can cost you very dear. So many things you are adding merely when questioned or doubts raised. Could you not give full facts at one instance.
For example, did you say anywhere in your first post: (1) paid in FULL in Feb 1990. Again, did you say anywhere in the first post that you already had inquired 2 local lawyers. 1 is looking to fetch money and other advised something called specific performance suit by sending summon to builder.
Similarly, so many questions arise out of your supplementary posts at different occasions.
OK, if you have the property related documents, for detailed examination send me scanned copies through email at: dcgroup1962@gmail.com
T. Kalaiselvan, Advocate
(Expert) 15 May 2015
