1 of chain agreement is unregistred

In case of agreements executed in 1971 and 1972 are unregistered, check whether the stamp duty is paid or not.  The stamps and amounts paid as a stamp duty must be available. Further, since it's been more than 30 years from the date of execution and if no claim is raised till now, then no party can raise any claim under those agareement as the same is barred by law of limitation. 

Originally posted by : ekta mahyavanshi
	In case of agreements executed in 1971 and 1972 are unregistered, check whether the stamp duty is paid or not.  The stamps and amounts paid as a stamp duty must be available. Further, since it's been more than 30 years from the date of execution and if no claim is raised till now, then no party can raise any claim under those agareement as the same is barred by law of limitation.

Yes. Stamp duty was paid. But I don't know if it's sufficient or not. As agreement was made on 500/- Stamp paper which was noterised there on.

Pls check whether the 3rd agreement duly registered? And are the previous unregistered agreements were annexed/attached to that registered agreement.... If the previous unregistered agreements were adjudicated at the time of 3rd agreement registration then there is no problem, if not then adjudication is required. 

First of all an immovable property cannot be transferred by the seller in favor of the buyer by a sale agreement, it should be on a sale deed alone.

Next thing that the there was no registered document from the beginning hence the person who sold ealrlier was not having clear and marketable title to sell the property because it was a defective title as the presumed sale deed was executed by an unregistered sale deed. 

You may hae to wait and watch for any adverse developent at a later stage,.

Please be clear there is no transfer of title (ownership) through agreement to sell, whether registered or unregistered.

Agreement to sell stated to have started in the year 1971, there is no legality of such agreement since it cannot be perpetual.

Contact, consult and engage a local prudent lawyer for proper appreciation of facts/ documents and professional advise.

Agree sir, but here in Mumbai I have seen that builders execute agreement for sale only, I am not sure what is the practice in other parts of India. Have handled one transaction in Delhi they prefer sale deed. 

I guess the reason to execute AFS instead of sale deed is that at the time of execution the transction could not be complete as the property is under construction and payment is also done in installements. 

AFS under MOFA or RERA if registered is treated as an valid instrument to transfer the property. 

The literal meaning of agreement for sale is that the buyer proposes to buy the property from the owner and has entered into an agreement to this effect.

Please be aware that the agreement for sale will not confer title to the buyer by any means, it is a law applicable to the entire country and Mumbai is not exempted from this law.

Hence do not express your own view about a non existing law by your misconception.

yes, all old unregistered agreements was adjudicated with the 3rd agreement duly paid stamp duty & registration as per ready reconor rates. Thank you for updating me. But now I'm just worried if Agreement for Sale is sufficient for this or I need to register a Sales Deed along with this agreement as some lowyers here are insist on Sales Deed.

I believe after all the transactions respective purchaser have obtained possession and were in possession of the property. 

I am in suburb only, can guide you in detail. 

Please fill free to reach out at enmahyavanshi@gmail.com.

"I had bought a property". What is the nature of the property? Is it a flat within a Housing Cooperative Society?

Yes sir, it's a residencial flat

To my knowledge, prior to 1990, different norms and concept governed transfer of flats within a CHS.  It appears the transfer of flat was carried out through transfer of membership in the CHS together with an agreement for sale.

LCI Member Dr. Ramani is informed of the matter and,  I trust, he will join the discussion and provide his valuable inputs.