Registration of old sale deed 1976
sgn
(Querist) 05 October 2013
This query is : Resolved
Dear Sir,
Property single room flat self contained purchased in 1976 from the owner who was the member of the proposed co-op society by the land lord in a pagdi (partly rent) type building at malad Mumbai. The document sale deed not registered by me. Now in order to change the name in electricity bill I approached the land lord to issue noc. However, the land load asked me to register sale deed. How to do this? Proposed co op housing society never got registered and I am paying the maintenance charges to land lord.
S G Nayak
mob 9323549932 email--p_plus@rediffmail.com
ajay sethi
(Expert) 05 October 2013
registration has to be done with period of 4 months . further grace period of 4 months is granted on payment of penalty . after period of 36 years you cant register the document now
Raj Kumar Makkad
(Expert) 05 October 2013
The registration of the property has to take place before the Registrar wherein there is no limitation if both parties are agree for that purpose, however, the registration charges shall have to be paid as per the rates prevailing these days.
Take the help of a local lawyer.
Rajendra K Goyal
(Expert) 05 October 2013
Agree with expert raj kumar makkad ji, you are offered with a chance by the land lord, avail it.
sgn
(Querist) 05 October 2013
Dear sir,
The seller is not traceable in order to get the document registered now, so what are the other remedies available ?
prabhakar singh
(Expert) 06 October 2013
Dear Mr.SGN!
you are laboring under mistake of fact.The person who transferred rights to live Property single room flat self contained in 1976 by a unregistered deed was not the owner and landlord but a tenant on pagari and he could not transfer you even his right of possession to you without consent of landlord whom you pay rent,since he is accepting rent from you,his objection is over that you are unauthorised subtenant.
It is a golden chance to be exploited by you if the landlord owner has agreed to register a deed in your favor admitting you as his tenant.
Better get it done.Visit chamber of a civil property law knowing lawyer near you.
ajay sethi
(Expert) 06 October 2013
Q.14. What are the consequences of non-registration of a document which are compulsorily registrable ?
According to Section 49(c) of the Act, if a document of which registration is compulsory under Section 17 of Registration Act, has not been registered, it cannot be produced as an evidence in a court of law.
Q.15. What is the time frame prescribed for registration of a document ?
Under Section 23 of the Act, subject to certain exceptions, any document other than a will has to be presented for registration Within Four Months from the date of its execution. The term “ execution” means signing of the agreement. Under the present rules and regulations, all agreements in respect of a transfer of a premise or an immovable property have to be duly stamped, under the provisions of the Bombay Stamp Act, 1958 before the document is presented for registration.
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Q.16. What is the remedy, if document is not registered within a prescribed period of four months ?
As per the provisions of Section 25 of the Indian Registration Act, 1908 if a document is not presented for registration within the prescribed time period of four months, and if in such a case the delay in presentation of the document does not exceed a subsequent period of four months, then the parties to the agreement can apply to the Registrar, who may direct that on payment of a fine not exceeding ten times the proper registration fees, such a document should be admitted for registration.
ajay sethi
(Expert) 06 October 2013
igrmaharashtra.gov.in/DistrictDetails.aspx?DistName=MumbaiCached
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prabhakar singh
(Expert) 06 October 2013
There is no denial of what Mr.Sethi is saying and the querist can not now get registered the old deed he has from old pagari tenant.
But I have talked about for registration of a fresh deed from landlord in querist favor.
The reply of Mr.Sethi may apply to reply of Mr.Makkad but not to my advice if facts understood by me from information supplied are correct.
sgn
(Querist) 07 October 2013
Dear Mr. Prabhakar Singhji,
Thank you,
1.the document was stamped amount Rupee 5/- and value shown rs.9000 of the property in 1976.
2. The land lord had given his consent accepted me as the flat owner by transferring share certificate in my name of the proposed co-op hsg society (promoted by himself) and accepting maintenance charges since 1976. However the proposed hsg society even today as it was.
3. Recently Municipal corpn.issued a notice to the land lord to repair/vacate the building as it is old and walls cracking.
4. the first party seller not traceable so what is to be done?
Please let me know what I have to do in this regard.
S G Nayak
Raj Kumar Makkad
(Expert) 07 October 2013
The reply of Mr. Prabhakar is not practicable as the landlord is not traceable by querist. No new deed can be got registered now.
You should represent the Municipal council claiming yourself as the owner to that property and get it inserted in their record on the basis of old share certificate of 1976 and subsequent evidence like your residential proof.
