Registration based upon notary sale deed
Yeshwant
(Querist) 22 May 2013
This query is : Resolved
Hi,
I have purchased 100 sq. yard of land and had sale deed (notary) for the same.
Actually, A sold the land to B and B sold the land to Me.
property tax has name of A.
Now i want to go for registration of the land.
What should I do?
All the above transaction was happend on notary papers.
Hemang
(Expert) 23 May 2013
It is mentioned that sale deed was duly notarized. However, when the purchaser purchases the immovable property exceeding the value or consideration of Rs. 100=00, it is obligatory on the part of the purchaser to get the sale deed of immovable property registered as provided under the Indian Registration Act. Accordingly, it is advised to get the sale deed registered before the office of the Sub Registrar of the concerned Taluka or District.You should also get the revenue record mutated based on the registered sale deed.
Ask all such parties to sign your sell deed as confirming parties, as there may be middle man, who might not have registered the sale deed in his favour to escape from the burden of stamp duty. (You have to verify as to whether there were cronological chain of purchasers and sellers who have registered the sale deed. Sometimes, middle man does not get it registered and only executes the agreement to sale. So what is the position with B. Whether B got the sale deed registered in his favour?)
Yeshwant
(Querist) 23 May 2013
No. Till now no one has registered the sale deed. and now, i want to get it registered. What should i do?
Anirudh
(Expert) 23 May 2013
Whether A is alive now?
Whether B is alive now?
Whether A will sign the Sale Deed now in your favour?
Sanjay K.Dhar
(Expert) 23 May 2013
Legally, it is the A who is in fact owner of the land and if revenue extracts suggest that A is the owner, he would be a competent person to transfer or alienate the said land and can execute a sale deed.
Yeshwant
(Querist) 24 May 2013
A, B both are alive.
So if A agrees, then we can get land registered.
But is there any chance, that B will create problem in future.
Advocate Ramesh
(Expert) 24 May 2013
If A agrees, then surely you can get land registered. How B will create problem to you. Because you already have deed infront of Notary(and also even B also get deed from A from Notary), then how B will create problem. If A agrees better to get registered the land
Yeshwant
(Querist) 24 May 2013
Okay. Thanks all for valuable suggestion.