Is Notarized sale deed is valid document.
Raghu ponnala
(Querist) 10 April 2011
This query is : Resolved
Respected Experts,
I have a Notarized Sale deed which was executed in the year 1992.Since the property is under dispute with Urban Land Ceiling Authority, now the Government has cleared the said lands. Due to the said reason I could not get registration for all these days.
1. what is the procedure to validate the sale deed document.
R.Ramachandran
(Expert) 10 April 2011
You can get the Sale Deed Registered now, but you may have to pay the stamp duty as per the property value prevailing now.
Parveen Kr. Aggarwal
(Expert) 10 April 2011
Sale deed executed in the year 1992 cannot be got registered now in the year 2011. Section 23 of the Registration Act, 1908 makes provision for time for presenting documents for registration.
"23. Time for presenting documents: Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final.
24. Documents executed by several persons at different times: Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.
25. Provision where delay in presentation is unavoidable: (1) If ,owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in India is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.
(2) Any application for such direction may be lodged with Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
26. Documents executed out of India: When a document purporting to have been executed by all or any of the parties out of India is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied-
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four months after its arrival in India,
may, on payment of the proper registration-fee, accept such document for registration."
Naresh Kudal
(Expert) 10 April 2011
any deed which transfers title of property having value more then 100 rupees must be registered, otherwise it will not be valid. you may create new deed and get it registered.
Adv. Sunil
(Expert) 11 April 2011
No Document can be held invalid for mere non registration. Your Document is fully valid and can be enforced if need arise. Registration is possible by executing Deed of Confirmation and Penalty will be attracted. Adjudication will have to be done.
R.Ramachandran
(Expert) 11 April 2011
Mr. Praveen is absolutely right. There is a time limit within which the Document has to be got registered.
When I said that you can get the document registered now (I did not mean the same document which was notorised in 1992) but a fresh document, since the vendor has to come and sign the same in presence of the Registrar/Sub-Registrar. Without vendor's signature sale deed cannot be executed at all.
I do not agree with Mr. Sunil. His views are quite contrary to the provisions of Section 17 and 49 of the Registation Act, 1908.
MUKUL SHARMA
(Expert) 12 April 2011
notarized document is valid if buyer have adverse possession on the property.
Sri Vijayan.A
(Expert) 14 April 2011
I also have the same opinion as of Mr.RR
If any citation available, I request Mr.Sunil to attach the same, which may be useful to us
