Whether section 48 of registration act can b applicable here
AJIT KAWATKAR
(Querist) 19 May 2013
This query is : Resolved
This is related ppty in district of Maharashtra.
A ppty with old hse. was purchased from owner[x] in 1991
value paid[part chq.-cash] with the ORAL PROMISS; to undertake SALE DEED & REgistration in near future.
ppty possession was handed over ;purchaser demolished the old structure builds new one ,with all permissions.
project complited 1994.purchasers[6] started living in their respective flats.
owner dies in 1994 WITHOUT undertaking SALE DEED as promised.
owner has only son as HEIR.
purchaser/s requests him to complete the UNCOPLETE SALE DEED.
Responds but BUYS time on some pretext ;
He dies [09] without full feeling the obligation.
he has 4 heirs.3Relinqueses their Rites in favour of Mother.
Mutation done in2010.
Now ;this basis she is demanding HUGE sum for PENDING SALE DEED.
WE;as purchasers have nothing EXCEPT A NOTARISED WHERE in the ORIGINAL OWNER ADMITING to havihing GIVEN the POSSESSION of OLD HSE & PPTY.IT ALSO MENTIONS that owner HAS NO OBJECTION MSEB GRANTING ELECTRIC METERS in the name of PURCHASERS[6]. THE NOTARISED DECLARATION is WITNESSED by HER ONLY SON [1994]
WE TRIED our best to settle the matter with reasonable monetary terms;without successes.
The section 48 of Reg. Act says " Any ORAL AGREEMENT FOLLOWED by POSSESSION by DELIVERY ofPOSSESSION [- SAME CONSTITUTES A VALID TRANSFER UNDER ANY LAW---}
Q. Exper pl let me know whether case mentioned as above ;is FIT CASE ? if YES
Q. What will be STAMP DUTY OBLIGATION ?
Q.Whether the BASIS of NOTARISED DECLARATION 'as STATED ABOVE ;we can REGISTER the DOCUMENT & relive ourselves.?
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prabhakar singh
(Expert) 19 May 2013
Obviously section 48 of The Registration act is not what you have understood.
Your story is extreme of negligence of a buyer.
Anyway the only advice i have for you now that sit idle and watch the other party how do they want to proceed.
For you it would be better to defend than to bring any kind of suit against them for any relief what so ever.
Raj Kumar Makkad
(Expert) 19 May 2013
This is a fit case wherein you should issue a legal notice to the legal heirs of the deceased seller and should demand the registration of the sale-deed failing which file suit for specific performance and stamp duty diffres from place to place.
AJIT KAWATKAR
(Querist) 20 May 2013
Dear Experts; thanks !
As I have mentioned the case in issue is in AURANGABAD -Maharashtra
I would like to kmow what will be the STAMP DUTY[not actual but proportionate] required to be paid after 20yrs in case the HEIR AGREE TO SIGN THE AGRREMENT MAY BE ON CONCIDERATION.
