• Registration of property

My parents purchased a flat in Vasai (Thane, Maharashtra) in 1987. The flat was purchased on resale (builder to first owner and first owner to my parents). The sale deed and share certificate is in my mother's name. However, my father did not get the property registered in her name. We are not aware about ther antecedents of the first owner as on date (2018). How can i get the property registered in my mother's name. Arun Iyer
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Hello,

If the sale deed has been made by your mother then the property is already on the name of your mother.

Let me know if you need any further clarification.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There's nothing more to be done since the sale deed and share certificates are already in favour of your mother.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) registration has to be done with maximum period of 8 months

2) it cannot be done after period of 30 years

3)request seller to execute deed of confirmation in your mother name

4) if seller is not traceable engage a detective agency to trace the seller

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

if you are not aware about the the vendor, then, between whom the sale deed was executed. Is it sale deed or sale agreement?

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Well,since the name of your mother is no more in the title then mere issuance of share certificate would not create any title in her name.

Now only your father is the sole owner of this proeprty and if your mother is to make a co-owner of this proeprty then your father will have to transfer his half share in her name which can be done through a deed of gift or deed of release which requires payment o stamp duty,

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) You can search all mutation documents of previous owner from your father had purchased the flat. Like his ration card, any previous address, or any bank loan had taken, his native address please check all details.

2) And for registration of flat you have to pay ten times of registration fees as per Registration Act, 1908.

Sec 25

25. Provision where delay in presentation is unavoidable

(1) If ,owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 18[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.

(2) Any application for such direction may be lodged with Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

Section 49

49. Effect of non-registration of documents required to be registered

No document required by section 17 32[or by any provision of the Transfer of Property Act, 1882] to be registered shall-

(a) affect any immovable property comprised therein, or

(b) confer any power to adopt, or

(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:

32[PROVIDED that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882, or as evidence of any collateral transaction not required to be effected by registered instrument.]

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) in case purchaser requires bank loan bank would not sanction any loan if your sale deed is not registered . hence always advisable to register sale deed

2) remedial action is deed of confirmation to be executed by seller in your mother name . deed of confirmation can be registered and sale deed annexed to deed of confirmation

3) you dont require other documents to prove that property was bought in mother name

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

A sale agreement shall not confer title and the courts shall not be bound to treat is as concluded or completed sale.

Registration is absolutely essential in order to confer title.

The vendor should be traced and cause a notice to perform his part of the act.

No authorities could be reached even police, unless you trace the vendor.

All the documents in hand now shall temporarily protect your possession, however, unless registered it will be of no use.

In future, the vendor may cause a notice to reclaim the possession.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The author seems to have suffered from lack of minimum intelligence to understand the replies made by us.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sale deed and sale agreement are separate things. Firstly you need an absolute sale deed to sell the property in future. You can get a deed of confirmation to be executed by seller in your mother's name. Electricity bill, society bill and the ration card and my original paasport don't confirm that you have title or right over property

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. The fact that your mother already has the sale deed, implies that the property is already registered in her name in the sub-registrar officer.

2. No.

3. To the best of my understanding, there's nothing that needs to be corrected.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Unless the sale deed is registered the property can not be considered as purchased and it is strange that share certificate has been issued in favour of your mother by the Society without the sale deed has been registered in favour of your mother. Issuance of the said share certificate is improper and can be challenged in whose favour the flat stands in the records of the Registrar.

2. You shall have to search out the said seller or his successors in case he is no more and get the property registered by paying the appropriate stamp duty and registration fee calculated as per today's market price of the flat.

3. If under no circumstances you can trace out the seller or his successors, you shgall have to file a declaratory suit before the Civil Court praying for the declaration that your mother has entered in to agreement for sale and paid all the agreed consideration but the seller has neglected in registering that flat despite repeated requests and is not not traceable for which the said property shoul;d be declared as your mother's property and the Registrar be directed to register the property in her name after collecting the appropriate stamp duty at current rate based on the instant Court order.

4. Without registering the flat in the name of your mother by paying the stamp duty (by registering the sale deed or as per court order), she can not legally claim its ownership.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. With out registration of the peoperty, she can not be copnsidered as its owner under any circumstances.

2. She shall have to own the title of that property before conveying it to other by registering a deed of conveyance being sale deed. No one can pass a better title than what she/he possesses. In the instant case, she does not have its title for which she can not sale it. So, it has to be registerd first.

3. You have two remedial options which have been expained in my earlier post.

4. The seller or his legal heirs (if he is no more) or the Court if the seller or his legal heirs are not traceable and thereafter to the registrar.

5. The agreement for sale and proof of payment of the entire consideratyiona and also the share certificate issued by the society will be the main documents to claim title of the property before the Court. The evidence of its continuous possession being passport, ration card, tax and electricity biils etc will be additional evidence in support of your claim to be preferred in your declaratory suit which has been advised to be filed by your mother in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Registration can be done at sub registrar office. You can approach them with sale deed and other documents and get it registered after payment of Registration fees and stamp duty.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Your query itself is confusing. You say that the sale deed and share certificate are in your mother's name whereas your father did not get the property registered in her favour. If the sale deed is executed in favour of your mother then she is the title holders of the property as the title originates and flows therefrom. When the sale deed is in your mother's name then nothing remains to be registered in her name anymore.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. There is a difference between the sale agreement and sale deed. The former precedes the latter.

2. The title is traceable to the sale deed, not the share certificate. If you do not have a copy of the sale deed with you then conduct a title search in the office of sub-registrar to obtain the certified copy of the sale deed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

How did you purchase the property and who sold the property, whether the seller did not execute a registered sale deed in favor of the purchaser?

What about the builder?, is he also not cooperating?

If there is a sale deed in your mother's name, what prevented her from getting it registered at the same time, where is the vendor now, have you issued a legal notice demanding her to execute a registered sale deed in your mother's favor?

You can issue a legal notice to her known address and in case she is not traceable then you may have to approach court of law for getting it registered in your mother's name through court by due process of law.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

You are getting confused by various replies because your query itself is not full and proper.

1. If you have sale agreement, did you pay the full amount to the seller?, whether it is still under construction, if so, whether there was any tripartite agreement between the seller, your ,mother and the builder?, if yes, then the builder will execute a registered sale deed in favor of the buyer.

2. Without the property being registered on the buyer's name, the buyer cannot sell the property, in fact the buyer will not be having a clear and marketable title to the property.

3. You have to locate the vendor to execute a registered sale deed , if not you may have to issue a legal notice to the vendor to the known address.

4. You are the authority to decide further course on this either in person through your own sources or through court of law

5. Consult a local lawyer with all the relevant papers/documents in your possession and proceed as per his suggestions on all such further issues.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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