I had Purchased 100 Sq. Yards plot from Mr. A in 2006 along with the house built on that plot (A.C.C.) with municipal house number and electricity connection. The said Mr. A, purchased this property in 2004 from Mr. B (this entry reflected in the E.C. in 2006) The Said Mr. B, purchased this property in 2001 from Mr. C, but he not got registered but only Notarized the documents (he only constructed the house and got municipal number in 2001) Later I come to know that this plot sold by Mr. C to Mr. D in 1990 and deed got registered (same was not reflected in the E.C. which was obtained in 2006) After our enquiry we came to know that Mr. D sold the same plot to Mr. C (exact date we don’t know as said documents not available with us might be in 2001– we believe that the transaction not registered but notarized and these notarize papers also not available with us). Since from 2006 we are enjoying the property and am earning rent on the same and paying municipal tax till date. Now am planning to sellout this property and I wish that who ever purchase this property will not get any litigation in future. I request all the honorable advocates to advise the steps to be taken in this regard.
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you dont have clear and marketable title to property
2)sale deed between C and B has to be duly stamped and registered to confer clear and marketable title to property
3)similarly agreement between C and D has to be duly stamped and regsitered
4)deed of confirmation can be executed by C in favour of B
5) contact a local lawyer
1. The property is disputed since C did not register the sale deed in favour of B from whom A had purchased and from A you have purchased.
2. Since B is not the title holder of the property its subsequent buyers have no legal right on the said property.
3. C will now challenge the said agreement of sale in favour of B on some ground or other stating that it is void for some reason.
4. However, if you can establish that you are in possession of the said property for more than 12 years against the expressed wish of its title holder, then you can claim the property on the principle of adverse possession.
Which are the documents required to be compulsorily registered?
Ans:-
Gift deed of immovable property.
Other non-testamentary instruments, which purport or Operate to create, declare,
assign, limit or extinguish whether in the present or in future, any right, title or
interest, whether vested or contingent, of the value of one hundred rupees and
upwards, to or in immovable property. Eg: Sale, mortgage, partition, release,
settlement of immovable property. To be moreclear:
17. Documents of which registration is compulsory
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;
You get get a sale deed from your vendor so that sale transaction in your favour is legalized. Then you can sell it by another registered document.
Your Sale Deed is void and your possession is adverse.File a case in consumer forum against the vendor to recovery your money.You can also file a criminal case against the vendor.
Dear Client,
On the basis of last sale deed, sell the property and don`t disclose non registered transfer in sale deed otherwise additional registration charges will bear by the parties for default of previous owner for non registration.
Notarised document will not convey the property title to the purchaser. the document need to be properly stamped and registered before the sub-registrar of assurances.
In your case please check the EC for the period from 2000 check all the transaction registered from 2000 to date you may get some clarity on the transaction and flow of title.
Purchasers will get litigation as the link document is not perfect
1. The title is not free and marketable in view of the fact that C did not execute the sale deed in favour of A. Sale deed requires mandatory registration for the title to pass from seller to buyer. No seller can pass a title better than his own title. The entire chain of title is defective. Therefore, C can now seek a declaration of his title to the property and recover the possession from the person who is in possession of the property presently.
2. The defect in the chain of title can be cured if C executes a confirmation deed in favour of B.
The purchase of property by A from B is invalid since B was not having marketable title on his name.
B did not buy this property by a registered sale deed. It wa a notarised document hence the purchase is invalid in law therefore B was not having title or rights to sell this property to A.
If that is the case then A cannot sell the property to you by any means since he did not purchase the property from the property owner.
Therefore it can be deemed that your purchase is also not proper as per law.
As a matter of fact when C had already sold the property to D by a registered sale deed, he had no rights in the property to once again sell it to B.
You have stated that D has sold the property to C once again but by a notarised deed, thus the original title is still on D's name only and not with C or B
If you have to defend your interest in the event of any litigation from any corner or by any person in future in this regard, you have to file a declaration suit on the basis of the registered sale deed in your favor and fight it out claiming innocence of the past transactions.
