Registration of sale agreement
Manish
(Querist) 13 August 2011
This query is : Resolved
?A flat sale by a Builder to A and A sale to B further B sale the flat to C.
The property sold by a Builder and A without registrating the sale agreements.
Now C want to register the agreement and c want to get his document register and want to pay stamp duty on his transaction.
B is not ready to register his agreement and dont want pay stamp duty..
Queries arise here:
whether C can register his agreement by paying stamp duty on his transaction and what will be C liability?
Raj Kumar Makkad
(Expert) 13 August 2011
If B is not ready to get his agreement registered then C should serve him a legal notice impleading A as party therein and after waiting for given time C should directly make agreement with A ignoring B and this can be got registered by him.
Manish
(Querist) 14 August 2011
Thanks a lot Sir for reply.
Let bring some twist in above query i.e. Builder and A parties are no more.
B and C don't know about their legal heirs.
Mr.C can register his agreement or registrar has right to ask about previous agreements??
Rajarshi Bhowmik
(Expert) 15 August 2011
As the agreement between A and B was not registered and I presume the value is well above Rs 1000 so the Agreement Between A and B really caries a very little value in the eye of Law. And if C upon knowing the same had entered into this agreement I am sorry but to say C has very little legal protection but if this fact was suppressed by B at the time of agreement and the agreement between B and C has been executed in Good Faith and with due intelligence of a prudent man C can not only Sue B for his damages in Civil Court but also initiate criminal complain under specific non bailable sections against B. to add more I completely agree with Mr Makkad but strongly differs from Mr Manish as in that case the such agreement will lose its sublimity before Law
Rajarshi Bhowmik
(Expert) 15 August 2011
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