Its an 1 BHK in Andheri west. Old Building 1984 constrcution. It is in a Registered Society. Share Certificate is available 1st Owner is through Allotment Letter in 1984 (Original letter is not available, Builder has given a confirmation letter in 2003) 1st Owner is passed away and the Society has transferred to his wife name before 1988 (No proof of evedence or any supporting document available except the Share Certificate Transfer) 2nd Owner has bought from 1st Owner's wife in 1988 by Sale deed but not registered. 3rd Owner has bought from 2nd Owner in 1992 by Sale Deed but not registered 4th Owner has bought from 3rd Owner in 2003 by Sale Deed but not registered No Stampduty was also paid till 2017. Currently the 4th Owner has paid stamp duty for all the previous Sales including Penalty but being old agreements it is not registered. Society has given a confirmation letter in 2017 about the chain of owners. Original Share Certificate has also the list of Owners transferred. Title Search was done and report has found no registration records. I will be the 5th Owner and purchasing thru home loan via pvt bank like ICICI and now I will be registering the agreement along with the chain of old agreements amd society letter and allotment confirmation letter of the builder for 1st owner. Please advise
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What about first owner children?
2) on demise of first owner his children have equal share in property
3) have they executed any gift or relinquishment deed for their share in property
4) title is not clear and marketable
5) children of first owner can claim share in property
6) further subsequent sale deeds are not registered
Please, no need to buy this property as the transfer without duly registered sale deed is not a sale.
No party can claim anything on the said property in case of dispute.
Yes you have to get the registration done in your name to transfer the property in your name.
Merely by transfer from society or by unregistered sale deed the property will not be transferred in the purchaser's name in the revenue records.
1. A sale takes place only when a sale deed is executed by the seller in favour of the buyer and it is registered in the office of registrar. Since the sale deeds are not registered the title is defective. No seller can pass a title better than his own title.
2. Furthermore, it is not clear how the society transferred the flat to the wife of first owner after his demise. If he had children then they too were his heirs unless they relinquished their share in favour of their mother.
3. Overall the title is defective. So do not buy it.
Dear Sir,
1. There will be no problem if you purchase above property provided the previous vendors who purchased under unregistered documents also sign your sale deed as consenting witnesses.
2. It is better to check encumbrance certificate and see that the last but one legal purchaser also signs your sale deed as consenting witness.
3. You must take possession of all the unregistered sale agreements and sale deed and keep it with you. Finally you must immediately take the possession of the property.
if the 4th owner has been paid all the stamp duty and penalty then you can registered the same as sale deed with the 4th owner, hence later on, in future you will not be in any kind of trouble.
also get all the documents of the property chain.
Dear Client,
If the 4th owner has clear all dues/duties, leviable on previous transfer than he must have got the sale deed registered on 4th sale in his name as purchaser.
All u need to keep chain of records included in sale deed and get it registered and take in possession of all originals.
What is the best way to move forward amd buy this property ? and also has no future problems. Society has bonafide the ownership current 4th owner who is owning since 2003 but no registraion on sale deed. They don't have any claims in the past. Society will go for redevelopment in next 3 to 5years To search the previous owners before 2003 is not possiible. I can take possession of all the originals of previous owner agremeents. Bank is giving homeloan but also signing Indemity letter from me (buyer) and Seller (4th owner) pls advise
Dont purchase the property
Title of seller is not clear and marketable
You should never risk your hard earned money when title is not clear and marketable
Then it is Ok. Take possession first. Possession is nine points in law. For more safety show your documents to an expert.
1. Taking possession of originals is an exercise in futility if the sale deeds are not registered.
2. Forget this property and look for another.
Than buy it through proper mode. Registered Sale Deed.
Check the bonafide of Seller.
Indemnity bond from Seller must.
Get the share certificate transfer in ur name.
It is not advisable to buy a house property from the seller who do not have title to the property by a registered sale deed.
Share certificate is not a title document neither the certificate by the builder or society is a valid document.
Under the given circumstances it is not safe to buy this property.
Since the seller is not having marketable title, buying the property from a person who is not a legal owner can be considered as an illegal purchase.