• Registration of property

Owner of a  property which  is not registered but full amount has been paid with Possession letter and Key delivery letter and receipts of key for peaceful possession from Real estate developer .Now the owner of this property  is going to sell the same to a buyer who will purchase the same with proper Registered deed of conveyance 

Query:
a) is it possible for registration of a property which was not registered when it was purchased
b) Does ownership exist if any property owner having just three documents with him a) Agreement for sale b) Possession letter c) key delivery letter but not owing the registered deed of conveyance
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu

insist on registration of property in name of purchaser

2) then purchaser can execute sale deed in your favour

3) since builder has delivered possession to purchaser after receiving full payment sale deed should be executed by him in favour of purchaser

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

Any property whose value is more than 100 rupees must be registered. Registration of the documents of sale and purchase of immovable property is mandatory and it ensures conservation of evidence, prevention of fraud, etc. If the property is not registered then register it asapwith the documents you have because until and unless the deed of conveyance is registered, the builder can take any step, whether he has given key or not. Registration if not done gives way for fraud. So Registration is very important.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

a) is it possible for registration of a property which was not registered when it was purchased?

Answer: Yes you should register it within 4 months of execution of the documents. Otherwise you will need to execute and register a Deed of Confirmation along with the deed of conveyance.

b) Does ownership exist if any property owner having just three documents with him a) Agreement for sale b) Possession letter?

Agreement: No ownership does not exist if the agreement is not registered and the records are maintained by the sub-registrar.

c) key delivery letter but not owing the registered deed of conveyance

Answer: You will get possession of the property, but your ownership is not confirmed till the time the property is registered with the proper authorities.

Gowaal Padavi
Advocate, Mumbai
1844 Answers
2 Consultations

5.0 on 5.0

Dear Client,

Without registered sale deed, ownership in the property do not transfer.

If u will go for sale , sub registrar will charge stamp duty on previous sale which was not registered as Evasion of Stamp Duty. This can be avoid if, registrar, failed to notice this.

a) is it possible for registration of a property which was not registered when it was purchased ---- Permissible with additional cost on previous sale.

b) Does ownership exist if any property owner having just three documents with him a) Agreement for sale b) Possession letter c) key delivery letter but not owing the registered deed of conveyance ---- Transfer is not complete but ownership exits.

Yogendra Singh Rajawat
Advocate, Jaipur
14624 Answers
19 Consultations

4.6 on 5.0

Sir, unless the sale deed is registered, there will be no ownership. However, the owner can sell the flat to third person, but promoter must register the same to the third party. Please call for further details.

Abhishek Dutt
Advocate, Kolkata
31 Answers

4.0 on 5.0

1. Since it is resale transaction you can purchase the property through the registered sale deed but in your sale deed the vendor would be developer and your seller would be added as Confirming Party.

2. Yes, he has interest in the property but since the sale was completed you need to make the developer as party to your sale deed.

Devajyoti Barman
Advocate, Kolkata
18130 Answers
260 Consultations

5.0 on 5.0

1) Yes registration can be done in your favour if no sale deed made prior. or for better option builder can directly register to the buyer.

2) Sir it is valid possession but for title and ownership valid registration and stamp duty need to be paid. in case failure to obtain same a suit of declaration has to be filed in the court.

Shubham Jhajharia
Advocate, Ahmedabad
20927 Answers
81 Consultations

5.0 on 5.0

Sir

As the registration of the flat has not been made in favour of the present owner, so, the title of the property has not shifted but by the deliver and possession letter and agreement and full payment the right has been acquired. now, if the present possessor of the flat want to quit his right then the deed of sale will be made where the present possessor will be the confirming party.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

1. Yes your sale agreement can be registered.

2. But since your seller does not have a registered sale deed, the stamp authority will demand for payment of stamp duty alongwith penalty for the previous sale by which your seller had purchased the property.

3. Without a valid registered document, the title of your seller to the property is defective.

4. If you intend to buy this property then I strongly suggest you issue a public notice in local newspapers informing about your intention to purchase, that your seller claims he is owner by virtue of possession, and invite objections from public against the proposed sale.

5. Also obtain a search report from the sub registrar office to ascertain if there is any document which is registered for this property.

6. If possible try and approach the builder and on his letterhead request him to state that this property was sold to your seller by him.

7. Also ask your seller to provide his bank statement showing payment of money to the builder.

8. Ask your seller to provide his IT returns in which he has declared this property as his ownership property. Take a certificate from your seller's CA stating that there is a debit entry in your seller books of account for payment made to builder towards flat purchase and that this flat is shown as your seller's flat in the IT returns which the CA has filed on your seller's behalf.

9. Check the utility bills like electric, telephone etc whether they are standing in your seller's name

Yusuf Rampurawala
Advocate, Mumbai
4673 Answers
28 Consultations

5.0 on 5.0

Yes, it is possible after paying little bit fine.

Yes, all these are sufficient to proove the ownership.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

1. In the instant case, the developer shall have to execute and register a sale deed in favour of you wherein the so called owner will be a consenting party.

2. Ownership of a immovable property does not exist unless the deed of conveyance in favour of the said owner is registered before the sub-registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

1. If the seller is not having a clear and marketable title to sell the property then the sale of immovable property is illegal. If the seller is not having a registered sale deed on his name, then he cannot be considered as a legal owner of the property, hence he cannot sell the property and such purchase can be avoided even if the property comes at a very cheap and throw away price.

2. All the three documetns do not confer title to the seller.

He cannot claim title to the property based on such preliminary documents.

T Kalaiselvan
Advocate, Vellore
58912 Answers
747 Consultations

5.0 on 5.0

You are suggested to send a legal notice to seller for doing registration on your name and also approach court for the same if he is not responding the legal notice.

Ganesh Singh
Advocate, Delhi
3274 Answers
9 Consultations

4.5 on 5.0

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