Name transfer

Querist : Anonymous (Querist) 26 November 2011 This query is : Resolved
Dear Sir/Madam,
My client purchases a plot in 1995 at that time he cannot transfer this property in his own name.
But now he wishes to transfer this property in his own name. But saler is not available.
How can he transfer this property in his own name?
This property is not Registered it is an only contract of sales.

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M.Sheik Mohammed Ali (Expert) 26 November 2011
you cannot transfer without seller and buyer and witness, so you can approach court to file a case for declaration, best engage a lawyer.

Rajeev Kumar (Expert) 26 November 2011
Agree with expert

ajay sethi (Expert) 26 November 2011
was any agreement executed in writing between seller and purchaser?

was the document duly stamped?

is the seller dead?

have you paid full consideration by cheque and taken posession of the said plot?

Advocate M.Bhadra (Expert) 26 November 2011
If the final registered Deed of Sale was not executed earlier and if the seller is not willing to execute a deed now, then your client should file a suit under Specific Performance of Contract in Civil Court or file a case in Consumer Forum.

V R SHROFF (Expert) 26 November 2011
U can register the Agreement with a Declaration on Rs. 100 stamp paper (in Mah state)that owner is away, not available, and that now u want to register the deal. Provided u have Written Agreement on Non Judicial Stamp Paper.U have to pay penalty to regularise. . contract of sale is sufficient.

Sankaranarayanan (Expert) 26 November 2011
yes i do agree with experts view of suggestion

Devajyoti Barman (Expert) 26 November 2011
If you have a registered deed of purchase then what is the problem in mutation of your name.

Raj Kumar Makkad (Expert) 26 November 2011
Your matter is not now change of name rather it is a change of ownership which requires a registered documents executed by seller in your favour and there is no substitute to this basic provision.

Shailesh Kumar Shah (Expert) 01 December 2011
Agree with Common opinions of all experts.

prabhakar singh (Expert) 01 December 2011
Where is the property located???

Was possession delivered by agreement to sale?????If yes,A suit may save you but not in UP.Better visit a local lawyer.

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