Non registration of sale deed
Annu
(Querist) 07 December 2012
This query is : Resolved
i have purchased a flat and paid the full consideration as contained in "agreement for sale".owner has given me the physical possession as well.however he is not getting it registered in sub registrar office despite my several reminders.
1.what is my legal position?
2.remedies available to me?
3.does it comes under the category of "breach of economic trust" and hence a criminal offence?
4.can a police complaint be filed against him?
ajay sethi
(Expert) 07 December 2012
when was agreement signed? is flat on resale basis?
Raj Kumar Makkad
(Expert) 07 December 2012
As this is a civil matter so no police remedy is available to you and the best reply of your remedy vests in the agreement to sale. Go through it and find solution mentioned therein.
It is very strange to know that you made the payment of entire sale consideration without getting registered the sale-deed. Anyway, either mention the clauses of the agreement or read them carefully and decide yourself.
Annu
(Querist) 08 December 2012
sir agreement was signed in feb 2008.I made the entire payment by sep 2008.it is not a resale rather a flat of landowners share.soon i found out that this person is blackmailing me for getting flat registered if i could provide him some benefit.i ,through police pressure took it in writing that he has received the entire sale consideration and that the physical possession of flat is lying with me.
1.what should be my course of action as i have been sending him reminders in form of A/D s to which he is either not responding or is not accepting those letters.?
prabhakar singh
(Expert) 08 December 2012
An agreement to sale can be enforced by a court of law with in three years from the date of agreement or from the date stipulated there in or from a date agreed subsequently in writing well with in three years from the original.
An agreement to sale where possession is parted by owner in lieu of full consideration
but no sale deed made registered,then such a buyer can seek protection of his possession under section 53A of the Transfer of Property Act.
prabhakar singh
(Expert) 08 December 2012
For a better understanding the section is given below:
1[53A. Part performance.—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty,
and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract,
then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]
Raj Kumar Makkad
(Expert) 08 December 2012
You have still not told the material fact of registration of sale-deed. What exact line is mentioned in the agreement and in case of the failure of the seller to get executed the sle-deed, what remedy is mentioned in the agreement?
mention these two causes so that accurate reply may be given to you otherwise legal provisions shall not satisfy your query/problem.
Annu
(Querist) 08 December 2012
thank u sir for ur cooperation ..i ll write the material content at earliest.
Raj Kumar Makkad
(Expert) 08 December 2012
If you shall write, only then we shall be in a position to help you.
Annu
(Querist) 11 December 2012
sir,
can i write a letter to the office of sub-registrar (citing that the party has obtained the entire sale consideration and thereupon handed over me the possession of the flat)informing him that he is not getting the sale deed registered hence there is a loss of revenue for government.
1.will sub registrar issue him a notice in this regard so as to recover government's revenue and in the process my sale deed wud be registered?
prabhakar singh
(Expert) 11 December 2012
No you can not write or do such adventures which law does not provide you as remedy.
Your remedy is only one and that is suit for specific performance provided limitation is there alive else protection of possession u/s 53A of the Transfer of Property Act.No other remedy you have now.
Raj Kumar Makkad
(Expert) 11 December 2012
Filing suit for specific performance as per terms of the agreement is the only remedy available for you.
