• Regn. of flat purchased in 1993

I had purchased the flat in 1993 the sellers (husband and wife jointly) had taken loan from hdfc his agreement with builder was with hdfc it took lot of time to get documents released in the mean time husband died and i could not trace the lady who left the place where i met for the deal
builder was billing me till 2000 when the society was formed.The society is billing me since 2000electric bill is also in my name 
I missed amnesty schemes of Maharashtra govt. 
How should I proceed to register the documents
Asked 7 years ago in Property Law
Religion: Sikh

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9 Answers

registration of sale deed cannot be done after lapse of 25 years

2)maximum period within which registration has to be done is 8 months

3)best option is to approach seller and request him to execute deed of confirmation

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

1) Do you have any purchased agreement proof with you from seller. And at that time what was role of Builder at that time. Now society is formed in 2000 till date are you paying taxes, society maintenance, electricity charges and whose possession flat is?

2) Provide further details

A) on whose name municipal corporation taxes bill is applicable as of now.

B) on whose name society bill is applicable as of now.

C) Index II , electricity bill etc

So can providevyou detail solutions.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File a suit of declaration of ownership in civil court at local jurisdiction and state the facts before court in affidavit since no seller is traceable there cannot be deed of confirmation and limitation of sale deed is expired.

The decree of declaration suit shall give you complete right and ownership over property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

File a suit for declaration and permanent injunction. It will be decreed. On the basis of which you may transfer the same.

Alternatively file a suit for specific performance creating a sale agreement with your seller recently dated and file a suit for specific performance and get decree.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You need to approach the office of sub registrar fir Registration of the same. You need to provide documents like sale deed and get it Registered

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

If the property was registered on the husband and wife's names, then they only have to execute the registered sale deed in your favor, but if it was just a sale agreement then the builder has to execute the registered sale deed in your name.

However if the sale agreement was by a registered deed, then that needs to be cancelled before this deed is registered in your name.

Moreover since the husband is reported to have died, his legal heirs have to execute a joint NOC along with the wife to cancel the registered sale agreement deed.

You may approach the builder for further process.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Hello,

You are now in adverse possession of the said premises.

File a declaratory suit for the same and thereafter get the documents registration done.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You shall have to trace the lady and the legal heirs of her husband.

2. You shall have to get the sale ded registered by the lady and also the legal heiors of her husband since the flatr was in the joint names of the lady and her husband.

3. If the lady has no children and mother in law is not alive, only she will be eligible to register the flat in your name.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

you will have to apply for adjudication of documents.

the process is first you will have to get the authentication of stamp duty paid or stamp purchased or franked from the stamp controller department. later you have submit you original agreement with the application form and all the other documents relevant with the adjudication office then they will calculated if the what was the stamp duty at that time existing and how much you have paid and you will have to pay the balance amount if any with 4 time of it penalty. if there is no balance stamp duty then no problem. the adjudication department will send you the notice accordingly. once you are done with this they will provide you your original document duly stamp and certified

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

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