Abhishek Bhagotia (Public servant) 03 May 2012
Experts,
I want to know that what is the legal value of deed of declaration when both parties (seller & buyer of land) are alive ? Can it even be registered . I also want to know that how a property can be registered ( by sale deed or deed of declaration ) when the owner of the land is not alive and possession was taken in British raj times. Buyer wants to register for taking loan and seller is not alive since it was sold in 1880. Plz advice.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 03 May 2012
It is not necessary that any document/instrument is registered in the lifetime of the person executing. It can be registered even after death of one party provided registrar is satisfied that the document was actually executed.
Regards,
Bharat
Abhishek Bhagotia (Public servant) 04 May 2012
Can it then be done by deed of declaration with death certificate attached ? If both seller and buyer is alive then
registeration has to be by sale deed or by deed of declaration . Stamp duty is less on deed of declaration , in that can registrar should insist on sale deed ?
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