Registration in absence of seller

Under Section 49 of the Registration Act, 1908 if an Agreement relating to sale and transfer of an immovable property is not registered, it shall not affect any immovable property comprised therein and shall not be received as evidence of any transaction affecting such property.

Under Section 23 of the Registration Act, 1908 all such documents other than a Will are required to be presented for registration within four months from the date of their execution provided that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final.

Under Section 25 of the Registration Act, 1908 if a document is not presented within Four months due to urgent necessity or unavoidable accident, the Registrar may accept the document for registration within further four months on payment of a fine not exceeding 10 times the amount of registration fee. As per the Registration Act, 1908, there is no provision for Registration of the documents after Eight Months

It’s a serious issue for your buyer and he needs to issue immediate legal notice to seller to co-operate either to come for registration of 2005 sale deed (of course with penalty and if acceptable justification to sub-registrar for not registering the sale deed for over 8 month mandatory period). Else other costly legal recourse and remedy need to be explored …

Ibrahim Deshmukh
Legal Consultant
Email: ibdesh@gmail.com
www.-law-india.com