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RV Krishna   24 August 2021

transfer of property through unregistered deed

Dear Sir/ Madam..my query is whether transfer of property is valid, which was happened through unregistered document. that too, on the stamp paper which got purchased on third party name, but not by scriber/ executant and claimant. 9 yrs happened till date, the claimant didn't took possession. whether the transfer is valid and what will be the consequence. kindly Advise.
Thanks in Advance..


Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     25 August 2021

No, such type of transfer are not valid in eye of law.For valid transfer document ( sale deed ) must be registered before sub registrar. Claiment neither can get legally possession nor can file suit for specific performance as being time barred.

1 Like

Dr J C Vashista (Advocate)     25 August 2021

It is no (NO) sale / purchase transaction in the eyes of law.

Sale deed must (mandatory) be registered with concerned Sub-Registrar.

G.L.N. Prasad (Retired employee.)     25 August 2021

Certain states are contemplating to get registration of such properties as a one-time measure to get revenue and they are taking possession as per revenue/panchayat records as authentic.  If there is no delivery of possession, the case is weak for the purchaser as purchase and possession are integral unless there is a contrary clause in such sale deed.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 August 2021

No. Not valid.

Shashi Dhara   26 August 2021

Why claimant did not took possession ,what is Ur contention ,who is objecting ,issue legal notice thru advocate ,if they come to compromise ,compromise if not go to court engaging eminent advocate filling his pocket with  fee ,see next .

P. Venu (Advocate)     26 August 2021

What is the issue if the claimant has not taken possession?  Has he paid the consideration, at least in part?

anilkumarvelagapudi (advocate)     28 August 2021

yes transfer of property is valid, which has been unregistered document i.e. only will, that comes on the force only . stamp papers must be in the name of claimant only not the third parties those are not valid, and the lis is timebarred.

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