Vinodkumar Kotabagi (Advocate and Trademark Attorney) 03 February 2011

Validity of sale deed registered after the death of executor

Dear Members, in an interesting case, a sale deed was executed by two vendors to a purchaser in the month of June, 1994. However, the said deed was registered after 3 months of the execution of the deed. Now it has come to the light that one of the vendor had died between those three months (i.e., between the execution of the sale deed and registration of the deed).

Now the question arise as to validity of transfer of property under such sale deed. So, dear members, can you provide me your expert opinion and some case laws on validity of the sale deed registered after the death of the executor.

Thanks in advance..!!

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5 Replies

Darshan Panchal (Advocate) 03 February 2011

sale deed is very much valid and subsisting as signatures of the vendors have already been admitted and proper execution has taken place and it is only may be because of deficit stamp or otherwise registration has taken place after 3 months which does not invalidate the sale deed once admission of signatures having taken place.

K.HANMANTHRAO (AYURVEDIC PHYSICIAN) 03 February 2011

AS PER THE SALE DEED EXECUTION IS OVER

NAMELY U HAVE TO REGISTER WITH DISTRICT REGISTRAR

TO VALIDATE THE DOCUMENT

chandra1 (cvbcb) 03 February 2011

Whether the execution of sale have been accepted by the legal hires of the deceased vendor at the time of registration of the sale. if yes than the sale deed very much valid.

V. VASUDEVAN (LEGAL COUNSEL) 03 February 2011

Precise facts as represented before the Register would throw more light on this critical issue. Who presented the document for registration. Was the Registrar made aware of the fact that the one of the executor died and the whole facts would help determine the validity

Deekshitulu.V.S.R (B.Sc, B.L) 04 February 2011

Execution is different from Registration. The sale deed actually comes into existence only on the date of registration. It will not date back to the date of execution. Hence the sale deed is not valid. If the legal heirs of the deceased vendor join in the sale deed, then the same is valid. That is why it is said "purchaser beware"