What is the status of a pending deed.
pankaj kumar gupta
(Querist) 18 May 2015
This query is : Resolved
Dear Sirs/ Madam,
As you know that earlier it was possible to register a deed, without payment of exact stamp duty and registration charge, in that case those deed a called as pending deed and you cannot obtain a certified copy of the same.
Now, my question is this whether these deeds do come under the purview of valid registered deeds, if yes, then are they treated as lawfully executed by the seller and admissible under the evidence act.
If not then the purchaser is treated how and what is the terminology for him if he is not holding possession of the purchased property.
Kindly advice.
Dr J C Vashista
(Expert) 20 May 2015
The deed, if require compulsory registration (u/s 17(2) of Registration Act)is not a valid deed.
In evidence it is not acceptable and subject to be impounded and fined up to 11 times of the charges applicable.
Such purchaser is neither title holder nor in possession but has a claim (if made payment of consideration).
T. Kalaiselvan, Advocate
(Expert) 21 May 2015
If deficient stamp duty is observed, the court may order to make good the deficiency and make the document valid after paying the appropriate stamp duty provided the document is defective only on that aspect. After that the evidence is admissible. But what about the possession by the purchaser?
pankaj kumar gupta
(Querist) 22 May 2015
Many Thanks, Sirs, for the entitlements, It is really a blessing for this Junior Advocate, from the Senior most advocate like you.
