upendrasinh (frontdesk eecutive) 18 March 2017

Notarised self aquired property transfer agreement expiry

Dear Sir,

My Grandfather and my father make a property transfer agreement in 2009, (property is self aquired ),

but that time this transfer agreement not executed in revnue authority, bcuse of there is civil suit running of my grandfather other propertys advocate advice us that there will be problem to execute this agreement in revenue authority in civil suit.

I want to know that the notrised agreement is valid today ???

Please answer

thanks a lot

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 18 March 2017

Whether the Agreement is executed before two witnesses and the value of stamp of that agreement? Notarized agreement is not valid but Agreement is executed before two witnesses on Non-judicial paper, then it will be used as evidence only.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 March 2017

such transactions are illegal and cannot be recognised as valid under law, the Supreme Court further sought to distinguish these illegal transactions from genuine transactions entered into by parties in good faith. While referring to Sections 53A and 54 of the Transfer of Property Act and its decisions in Narandas Karsondas v SA Kamtam(2) and Rambhau Namdeo Gajre v Narayan Bapuji Dhotra,(3) the Supreme Court further observed that a transfer of immovable property by way of sale can be effected only by a deed of conveyance. In the absence of a deed of conveyance (which must be duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred.