My father had purchased a property in 1986, however I am unable to verify from the agreement whether it had been stamped and registered at the time of purchase.The property was transferred to my mother upon his demise through execution of transmission documents( executed in year 2011) and the necessary changes have been also made in society records. My mother intends to sell the property now and in relation with the same would like to know if , 1. Whether the registration and stamp duty can be paid now for the said original agreement or transmission documents? If yes than what is the procedure required to be followed? And if no then what recourse is available to pass on the title to the prospective buyer? Thanks in advance.
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deed of confirmation can be executed by seller in favour of your mother
2) agreement can be enclosed to the deed of confirmation
3) please note that sale deed can be regsitered only within period of 4 months . with penalty another 4 months
4) it cannot be regsitered after 30 years . your remedy is to request seller to execute deed of confirmation and agreement can be enclosed to deed of confirmation
1. If the sale of proeprty by your father is not complete then no valid passed to your mther.
2.So verify it was done properly by way of deed of conveyance which was registered as well.
3. If the sale was not properly made then at the time of selling the property by your mother the seller to your father needs to be added as confirming party to this deed.
The property cannot be registered in your father's name at this stage.
What do you mean by transmission documents?
Any unregistered document in respect of transfer of immovable properties is invalid.
If you have sufficient proofs for the sale transaction and also possession of the property subsequent to the unregistered sale transaction, then you may file a suit for declaring the title in your favor impleading the original vendors as defendant
This wold make sure that the property is secured in your mother's name or in the names of legal heirs of your deceased father.
Thanks for the responses. However the Circular No. Sec 4/PR CR 617/2011/3008., Dt. 22nd December 2011 instructed all Sub-Registrars in the State not to allow any document which was compulsorily required to be registered but were not registered within the stipulated time frame, to be annexed to other documents such as Confirmation Deed or Declaration Deed, which may be presented for registration. Will confirmation deed work in light of above scenario? If no than what other alternative is available?
When you have yourself stated that the confirmation deed cannot be allowed as per the cited circular, how do you expect the same to work
A suit for declaration of title before the court may be a better option.
You can discuss with your advocate on all such further issues.
in such case only deed of confirmation should be executed by the seller .
dont enclose original agreement for sale