• Registration of prpoerty

I purchased a property from the seller through sale deed and irrevocable power of attorney. all the documents are notarized. 
now i want to get it registered by paying stamp duty . BUT THE PROBLEM IS THE SELLER IS NOT AVAILABLE i would like to know the procedure
Asked 5 months ago in Property Law from AMBERNATH, Maharashtra
Religion: Hindu
1. check in the power of attorney whether there is power for signing the sale agreement on behalf of seller and to do the registration formalities

2. if yes then the seller is not personally required to attend for registration
Yusuf Rampurawala
Advocate, Mumbai
2052 Answers
6 Consultations

5.0 on 5.0

Visit the office of concerned Sub Registrar and contact local lawyer if he can get the sale deed executed in your favour on the basis of power of attorney.
Dalip Singh
Advocate, New Delhi
296 Answers
2 Consultations

4.9 on 5.0

Dear Client,

Through Notorized deed, transfer of ownership not valid. Its has be registered.
What do u mean by seller not available. 
File suit u/s 27 of Specif Relief Act against the seller to get the property registered by order of court.
Yogendra Singh Rajawat
Advocate, Jaipur
5755 Answers
4 Consultations

4.7 on 5.0

Trace him out or his legal heirs, so that this stamp deed is duly executed.
Vibhanshu Srivastava
Advocate, New Delhi
6994 Answers
86 Consultations

5.0 on 5.0

Dear querist, please explain in details, about the seller and his unavailability. e.g.he is out of India, not ready to come for execution or due to some other reason.
The procedure is by paying requisite stamp duty and registration fees, you can register the document.
Deepali Parag Swamy
Advocate, Pune
1 Answer

Not rated

file suit for specific performance to direct seller to execute registered sale deed in your favour 

2) in order to confer clear and marketable title sale deed is required to be registered 

3) even for POA for sale of property needs registration
Ajay Sethi
Advocate, Mumbai
52016 Answers
3099 Consultations

5.0 on 5.0

Hello,

Without the seller the registration of the property can not be done. 
the previous sale deed was done without the payment of the stamp duty?

Regards
Anilesh Tewari
Advocate, New Delhi
11837 Answers
153 Consultations

5.0 on 5.0

Dear Sir/Madam, from the date of sale deed execution you have present the said sale deed before jurisdictional sub-registrar office with in four months. I do not understand what you have irrevocable power of attorney. Notarized documents are not satisfy u/s 54 of T.P. Act. Seller should be present before the sub-registrar, if difficult his (seller) SPA holder present for presenting documents for registration on behalf of the said seller. 

Section 54 in The Transfer of Property Act, 1882
54. “Sale” defined.—‘‘Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made.—3Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. 1In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property.
please go through this.
C. V. Jadhav
Advocate, Bangalore
535 Answers
15 Consultations

4.7 on 5.0

1) you have to registered the property or get his legal heirs if he is not alive and show them your previous sale deed which is not registered.

2) Try to convince registrar of your area and tou seller details. If property is in your possession than don't worry you can stay as of now.

3) provide in detais seller's conditions as is now.
Ganesh Kadam
Advocate, Pune
3844 Answers
23 Consultations

5.0 on 5.0

Dear Sir,

Nothing to worry just file a suit for declaration or suit for specific performance. Get it decreed ex-parte by issuing a paper publication There after during the course of execution it can be executed by the Court Commissioner. The relevant rule is as follows.
=======================================================================================
 
ORDER 26 RULE 10B OF CIVIL PROCEDURE CODE

 Commission for performance of a ministerial act.- (1) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the court, be conveniently performed before the court, the court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the court.

(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
Kishan Dutt Kalaskar
Advocate, Bengaluru
2898 Answers
51 Consultations

5.0 on 5.0

You have power of attroney of seller so you can present yourself only for signing sell deed and registration as there is valid power of attorney available with you. See Present the sale deed along with power of attorney with revenue sub-registrar for registration by paying requisite stamp duty and registration fees. SInce you have POA of the seller you can also sign and present yourself only on behalf of the seller
Shubham Jhajharia
Advocate, Ahmedabad
7444 Answers
22 Consultations

5.0 on 5.0

This is my response to you:
1. Go and approach the Registrar's office and register the property;

2. If the other party is required to appear the Registrar can issue notice to appear before the officer;

3. According to section 36 of the Registration Act, it states that if a person presenting the document desires the appearance of any person, then registering officer may in his discretion take steps. 

4. However, proviso 2 simply says that if the agreement is presented and other party is not present, then the registering officer can also issue notice.
Gowaal Padavi
Advocate, Mumbai
1455 Answers
2 Consultations

5.0 on 5.0

Firslty, now a law with regard to the same have changed as per the latest Supreme Court judgment which says that even POA or GPA or SPA would also not be entertained at the time of registration on behalf of either of the parties.

Secondly, so, just to save yourself for my eh future problem, I advice you to go for the registration together.
Sanjay Baniwal
Advocate, South Delhi
2312 Answers
5 Consultations

4.9 on 5.0

The property title will not vest through a power of attorney deed on you.

You said that you purchased the property through a sale deed, then what is the necessity to get another sale deed of the property which was already sold to you.

If it was not a registered sale deed, then you may have to get a proper registered sale deed in your favor.

Why the seller is not available, where has he gone?

You locate him and get the sale deed executed at the earliest or else you may not be able to have a clear and marketable title to the property and may not be able to resale the property to a third person.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

Ghhj
Vikas Musale
Advocate, Pune
10 Answers

4.0 on 5.0

1. IF the POA is duly Stamp Duty paid and Registered, THEN you can yourself singly appear fofr Registration without the need of the seller party.

2. Notarized POA is not allowed for property deals.

Keep Smiling .... Hemant Agarwal
Hemant Agarwal
Advocate, Mumbai
878 Answers
3 Consultations

5.0 on 5.0

in mumbai as per the registration law single party cannot register the documents if the power of attorney is not registered. you have only one option you can apply for adjudication and get you documents authenticated from the irg department. that will be enough
Anwar Zaidi
Advocate, Mira Bhayandar
214 Answers

4.0 on 5.0

As per Supreme Court judgement- sale of flat is barred through power of attorney. In Your case it is not registered also.you need to check how your case is governed by the said judgement.
Prashant Nayak
Advocate, Mumbai
3046 Answers
2 Consultations

4.8 on 5.0

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