You should file suit and seek injunction restraining builder from selling part of same land sold to you

2) sub registrar may not stop the sale but direct you to obtain court orders

Hi, you have to approach civil court and get an injunction order not to alienate the property to the third parties against the Builder. It is the duty of the Sub-Registrar to register the property and he is only a revenue collector and you can't stop him to register the property.

Hello ,

Yes you can do so .Apart from this file an injunction suit , if he does anything . Moreover you can declare about your ownership in the said property in a local newspaper.

Hope this helps.

Regards.

Registrar can refuse to register a property on the following grounds: -

a) If the property mentioned in the deed papers does not come under his jurisdiction

b) If the person who is getting his deed registered himself refuses the registration of the deed

c) If the seller is a minor/ insane who does not know how much area is being sold and for what cost

d) If the Power of Attorney holder has died or, the Attorney has been cancelled or if the rights of sale of the property are not mentioned in the Power of Attorney.

e) If any court of law has put a stay order on the deed

f) If the actual area owned is less than the area that has been put to sale

g) If the identity of the seller is dubious and it is not sure of the seller is or not the actual property owner

h) If there is cutting or overwriting anywhere in the deed

i) If Farad, the original document of land record, is not attached in the deed or if the Farad that has been attached is more than 2 months old as the land might have been sold earlier and the court might have put a stay order in it in the meanwhile.

Yes- you can stop the sale to the another person after lodging a complain to the Registrar .

Better firstly you should give a police complain against the builder and after attaching the same with the property documents in your possession , submit to the Registrar office of your area concern.

If, the Registrar deny the same due to some other reasons , then you should file an Injunction Suit in the court for taking Stay order from the court.

File a suit for injunction against builder restraining them from selling part of land sold to you.

Sub registrar cannot deny to register property unless there is injunction from court restraining the sub registrar from registering the property. He will direct you to obtain order from court to stop the sale.

Hello,

Yes you can make a complaint to the registrar and appropriate remedy will be to file a injunction suit in the civil court and get a stay order thereupon.

Regards

The sub registrar has no such jurisdiction to deny any registration if you have any questions you need to approach to the Civil Court for getting the injection order on the sale of the property by the Builder . Registrar is simply a registration authority and should not abstract any registration if stamp duty as per the value of registration is paid

Rather seek an injunction against this builder restraining him from creating third party rights in this property.

Dear,

You can complain, but sub registrar suggests you to file a suit for injection against builder.

Because it's sub registrar duty to register a land in his books. So file a suit against builder.

No, you can’t do that as there is no case also which says yes in your position.

If you have purchased some portion of property in an undivided land, you may seek partition and separate possession of your rightful share in the property by issuing notice to other owners of the same schedule of property.

Failing to yield any positive reply or response, you may file a parition suit and file an application seeking injunction against all of them to to not alienate and not to encumber the property in any manner till the disposal of the main suit.

You may even send a notice to the sub registrar in this regard but it is not binding on the sub-registrar.

1. Section 71 of the Registration Act reads as follows:-

71. Reasons for refusal to register to be recorded.--(1) Every Sub-Registrar refusing to register a document except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

2. If the builder is attempting to sell the sale land to another person then file a suit for permanent injunction against the builder and also the sub-registrar. Also give a complaint to the jurisdictional police station.

Dear Sir,

You cannot legally stop a Sub-Registrar from registering a property. But you may say that such registration is against the circulars which were issued by the State Government or the Department as such he should not register such property. Send such representations to his Higher Authorities and high light them that the Sub-Registrar is going to register a property which does not qualify for registration..

Second option is to approach the Civil Court saying that such registration would amount to violation of of your legal right or give troubles to your title and possession. Even such injunction can be issued only against the Builder and the prospective purchaser and not against the Sub-Registrar. In rarest of rare cases such injunction will be issued. The relevant case law is given below.

========================================================================================

Madras High Court

M.Baskar vs The Sub Registrar on 10 December, 2014

CORAM:

The Honourable Mr. Justice S.VAIDYANATHAN

Writ Petition No.4023 of 2011

And M.P.Nos. 1 & 2 of 2011 & 1 to 3 of 2014

RESERVED ON 25.09.2014

M.Baskar .. Petitioner

Vs.

1. The Sub Registrar,

Padappai,

Sriperambudur Taluk,

Kanchipuram District.

2. The Tahsildar,

Office of the Tahsildar,

Tambaram,

Chennai-600 065.

3. M.Parameshwari

4. E.Rajakumari

5. Sampath

6. Mrs.Selvamani .. Respondents

======================================================================================

"19.........In fact, there is no provision in the Registration Act, 1908 which enables the Registering Authority to refuse registration of the document presented for registration, but under Section 71 of the Registration Act, the registering authority is duty bound to consider the objections raised by the party opposing the registration and pass appropriate orders by recording his reasons which is appealable under Section 72 of the Registration Act. Of-course it is true that the Registering Authority is bound to enquire into the issues whether the documents presented before it for registration purpose, are fraudulent in nature and in case it is so, to cancel the......" registration.