Registration of property
AMANDEEP KUMAR SINHA
(Querist) 11 May 2014
This query is : Resolved
I have got an agreement to sale registered at Nashik Maharashtra in rhe name of my wife in Jan 2014. But now I came to know that to be elegible for staff concession in housing loan I must be the property holder either singly or jointly. Sale deed is not drawn yet. Is there any provisions in law for amendment or supplementary deed to that agreement to sale so that my name can be added to that as a co owner. Builder is ready and my wife is also ready. Construction is also completed. Please guide with references to acts as builder's lawyer says it cannot be done. But it can be done (refer The Economic Times 13 Feb 2012 issue column- should you add a co owner to your property). Please inform what additional stamp duty or registration charges are payable.
Devajyoti Barman
(Expert) 11 May 2014
Agreement for sale can always be cancelled or altered or modified at will if both parties so agree.
In your case also you can be added as a co-purchaser but for this wife needs to agree.
I wonder shy is she not agreeing to it which is not a good sign at all.
AMANDEEP KUMAR SINHA
(Querist) 11 May 2014
Thanks sir. My wife and builder both are agree to it. But the advocate of the builder and sub registrar office employees are saying it cannot be done. So please quote any provision of registration act or any law where it is written that an agreement to sale can be altered or modified at will of both the parties.
R.V.RAO
(Expert) 11 May 2014
An agreement to sale does not transfer any title in any property.
it can always be altered unlike a regd. sale deed.
All parties to the agreement must agree for any alteration/additions.
In states like UP, an agreement to sale needs registration.
pl.read below what supreme court said about an agreement to sale
The Supreme Court has clarified that a person would be entitled to obtain specific performance based on the sale agreement and the same could also be used to establish their rights under section 53A of the Transfer of Property Act.
Thus the perspective of the judgment rendered by the Supreme Court in suraj lamp and industries (p)ltd VS state of haryana and another can be arrayed as follows:-
a) There cannot be a transfer of title in an immovable property by execution of a sale agreement/general power of attorney. Any presumption of transfer of title by execution of a sale agreement/general power of attorney is not legally valid.
b) The execution of sale agreement/general power of attorney is not transfer or sale and that such transaction cannot be treated as completed transfer or conveyance.....
courtesy:
http://www.lawyersclubindia.com/articles/Validity-Of-Sale-Agreement-Cum-General-Power-Of-Attorney-4151.asp#.U2-2BfldWAU
T. Kalaiselvan, Advocate
(Expert) 11 May 2014
Agreed with the experts that while executing the sale deed, your name can be added as a co-purchaser, there is nothing illegal about it.
AMANDEEP KUMAR SINHA
(Querist) 11 May 2014
Thanks to all of you. Is alteration in agreement to sale is required or we should leave it as it is. If alteration is required, please guide me regarding the process of alteration. The flat for which agreement has been made is situated in Nashik, Maharashtra.
Guest
(Expert) 12 May 2014
You could Register the Rectification Deed which includes your name and there is no reason for builders Lawyer to object it when builder is co operative.
Shashikant V. Patil
(Expert) 12 May 2014
Dear Amandeep Sinha,
As our Ld RV Rao explain the transfer of property act Sec 53 A. It clearely shows that Agreement to sale is not a transfer. You are going to execute a Sale deed finally. You can add your name as a purchaser alongwith your wife's name. Agreement of Sale is not decide Title but Sale deed is deciding Title. So you convince that lawyer who objects it why because sale deed is not yet completed.
R.V.RAO
(Expert) 13 May 2014
thanks sri patil ji.
Dr J C Vashista
(Expert) 13 May 2014
I agree with the expert advise of Mr R V Rao.
Agreement to sell need not be amended and sale deed can be executed in the name of you with your wife, which the Registrar has to register being a separate document.
AMANDEEP KUMAR SINHA
(Querist) 13 May 2014
Thank You for guiding me sir. But still I am helpless as the Sub Registrar at Nashik Sub Registrar Office, Civil Court Nashik is asking us to pay 5 percent of the value to be transferred as Stamp duty again. We have already paid Rs. 166800 as stamp duty while registering the sale agreement. My brother, who lives at Nashik met him and shown him all the information and references received from all of you but he is saying it is not applicable in Maharashtra. If possible please refer a lawyer in Nashik, Maharashtra who can help us.
ajay sethi
(Expert) 13 May 2014
search in LCI database for lawyers in nashik
