Registration
kiran 11111
(Querist) 03 December 2010
This query is : Resolved
I had purchased a small house of 200 sq feet in a village by way of unregistered document.The said document was impounded by stamp authority when i produced the document to trasfer the assessment in my favour.Stamp authorities imposed a panalty on me. After few hearing ,i was ordered to pay deficit stamp duty chargeable. Acccordingly i paid the same. There after i made a declaration to the effect that i have purchased the property. The seller objected to making my declaration.
Now Muncipal authorities are refusing to transfer assessment in my name on the ground that unregistered document along with declaration has no legal value ?
What is remedy available to protect my right?
R.Ramachandran
(Expert) 03 December 2010
I think that you are in possession of the house. Continue to have the possession. Pay the electricity and other charges through Cheque. Keep the Receipt of the stamp duty paid with you. The Municipal Authorities will not be in a position to transfer the assessment in your name since the property has not been registered in your name in the Sub-Registrar's office.
Since you say that the seller objected to your making the declaration, he will not be now willing to come to the Sub-Registrar's office to execute the Sale Deed in your favour.
It is not clear as to when did you buy the house.
If you have any Agreement to Sell entered into by the Seller with you, and if you have any proof of having made the payment of the consideration to the Seller, then you can seek specific performance of the Agreement.
Sri Vijayan.A
(Expert) 05 December 2010
The unregistered sale deed has no value.
The stamp duty paid shall not have/ add any value.
Ask ur seller to come to registrar office to register it.
Otherwise, if u have any proof eg. Agreement, file suit.
As Mr.R.R. said spe.performance suit is good option, but for that u shd ve valid agreement.
