re-ragistartion
Alok Kumar
(Querist) 15 February 2015
This query is : Resolved
Dear Expert, my friend bought a commercial shop ar delhi in 1993. He has a agreement to sale in his name and he is sure that a sale deed was registered in his Name. But he couldn't find any orignal deed nor registration slip. He check the ragistrar index but not finding his name on the said propert.my question is; 1.) Can he ask ragistrar to check and issued a duplicate deed. 2.) Is there any process to registered the sale deed again.3.) Is there any other process to get valid titel deed.
Advocate M.Bhadra
(Expert) 15 February 2015
Agreement for Sale(advance booking) and Sale Deed(deed of conveyance) is different issue, if the Sale Deed is completed then your friend can search and get certified from the ADSR. If it was not complete but only Sale Agreement has signed then request the seller to complete it by executing a Sale Deed.If the Vendor/Seller would not comply then ask your friend to file a Suit under Specific Relief Act.
Advocate Ravinder
(Expert) 16 February 2015
Your query is not clear. If the vendor is ready ask him to come to the Sub registrar office and get the property registered in your name by paying stamp duty. Once it is registered, you will get title. After registration you will get original sale deed. Once you get original sale deed, you can get number of certified copies by paying required fee.
prabhakar singh
(Expert) 16 February 2015
Look into the agreement of sale for it's date.
Sale deed if any would be after that date.
Sub registrar's register of sale deed can be inspected from that date to find the date of sale deed.
If it does not contain any description about a sale of property in question then conclusively no sale deed was executed between the period register was inspected.
If the owner agrees a sale deed is still possible.
In case he does not then it would depend upon the terms and date of agreement to sale on the basis whereof a suit for specific performance would be possible for which limitation is only three years from default.
Rajendra K Goyal
(Expert) 16 February 2015
Agree with the expert Advocate M.Bhadra and expert prabhakar singh ji.
Alok Kumar
(Querist) 16 February 2015
Dear Expert,
Thanks for your valuable time,
My freind is sure that, the property is registered in ragistrar office. But does not provide any valid proof for that. And he checked ragistrar index for the said property and nothing in there. Both seller and buyer is agree to ragistered property.
My question is how can he do that. Can a fresh registration is possible. What if after the ragistration old deed will come out. Can ragistrar agrees to fresh ragistration the property.
Alok Kumar
(Querist) 16 February 2015
and how much stamp duty he has to pay. HE can pay the stamp duty with old sale (he has payment receipts)
H.M.Patnaik
(Expert) 16 February 2015
Experts have given much clues to checkup at respective District Sub-Registrar's office reg. regn. of Sale Deed for the property in question. First of all u try to indout the doc. reference in that process. If it fails, be sure the sale Deed is yet to be registered there.
Secondly, there no process of reregistration of a immovable asset under local law. Regn. is done taking the benchmark value of the property in question as prevalent for the time being. So, ther is no question of registering the property at value determined at much earlier period to save stamp duty.
Dr J C Vashista
(Expert) 17 February 2015
If your friend could not trace any document registration record with area Sub-Registrar on inspection, it implies that no such sale transaction was completed. It require fresh proceeding in the transaction if the vendor and vendee agree on the same or modified terms.
Engage and consult some prudent local lawyer for your "friend's" interest and benefit.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
Agreed with the experts, you may advise your friend to process he execution of the sale deed registration afresh, there is no point in singing the old songs once you are uncertain of the olde issues. The stamp duty differs from one state to another which you may clarify from the local registrar's office.
