• Regarding sale deed.

We bought a property which doesnt have a sale deed.since our lawyer said it can be done in few months.but its been 4 years and the sale deed is not yet done still.

we have paid the complete amount and the sale agreement regisration is done .power of attorney is given to us.but the property registration is not done yet.

what can be done further ?should we wait still for sale deed to be done or can we register it wihout the sale deed
Asked 4 years ago in Civil Law

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22 Answers

Is POA registered ?

4 years long time, now rate of properties would have raised. Either file suit for specific performance of sale agreement and registration of sale deed.

What opposite party is saying ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

registration of sale deed is necessary to confer clear and marketable title to property

2) file suit for specific performance

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. if sale agreement is registered in your name, possession is given to you, then further sale deed is a mere formality

2. you must have paid entire stamp duty on sale agreement

3. so registered sale agreement plus possession gives you a clear title to the property

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Now a days sale deed must with regard to property as per u/s 54 of Transfer of Property Act. Sale agreement does not confer any rights over the said property. GPA can cancellation at any time even made payment of sale consideration. Be careful, do not neglect. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Dear Sir,

File a suit for Specific performance and then ask the vendor to give consent to your suit to decreed. Then it can registered in the Sub Registrar’s office as per the decree. For more specific advise please have personal or phone discussion.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

- For a property transfer legally , the Sale Deed is the actual document of the transaction that happens between the buyer and the seller. It gives details of the property along with the details of consideration involved and the method of payment. It also gives the details of the buyer(s) and the seller(s).

- This sale deed has to be registered with the government appointed authority and further the registration process requires physical presence of the buyer(s) and the seller(s) and involves buying of stamp paper as required by the authority’s rules.

- For registration there is no time limit from the payment but as per the rule the Sellers presence is necessary before the Registrar.

- Registration of Agreement not gives legal title to the buyer except Sale Deed.

- Hence, dont wait now and talk with the other party for the registration of Sale Deed.

Mohammed Shahzad
Advocate, Delhi
9900 Answers
121 Consultations

5.0 on 5.0

Sir based on the power of attorney you you can register a sell deed yourself you can sign on behalf of both seller and purchaser as power of attorney is given to you, (if purchasing in your own name or can register in third party name) under section 32 registration act based on power of attorney you can get sell deed registered in your name can pay the requisite stamp duty.

Don't wait just based on agreement to sale and power of attorney get the sale deed executed and registered to yourself you donot require their consent as Power of attorney is given to you, just pay stamp duty and registration fee and get registration done. if you have valid POA you donot need seller to execute a sale deed for you, further annex the sale agreement, POA and receipts of amount along sale deed..

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Specific performance in m view wont be required it will take long time instead you have a notarised power of attorney you can act behalf of seller and can execute the sale deed and can register it.

Sir sale deed doesnot take so much time it is work of a day after completing of all the formalities you should consult with the other lawyer there can be some cheating with you.

Sir con executing and proper sell deed and payment of the stamp duty and registration after that you can get property mutated in your name that is complete registration . You need valid sale deed you already paid all the amount why shall you wait.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If vendor is agree, why getting duped by some lawyer, change the lawyer, hardly 2 3 hours things, get it registered.

Have u presented the sale deed for registration.

And foolish to accept, file pending since year. which file ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sale Agreement, time is essence of contact?, it means period of registration,If you have to file suit for specific performance against said vendor before jurisdictional civil court. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

This is my response to you:

1. Why did you purchase a property whose title was not perfect?

2. Only after verifying you should have purchased the property;

3. Since the earlier property was not registered, the current sale also become void;

4. However if the Registrar has recorded your name in the property records and registered your sale deed, then you are currently the owner of the property;

5. You become the owner of the property nonetheless the seller obtains the original sale deed.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. If seller did not have a sale deed in his name then his title is defective

2. Eventually your title is also defective

3. A seller cannot sell something for which he has no title

4. Are the records like property tax bill, society maintenance bill etc standing in the name of seller?

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

You should not have purchased property

2) seller does not have clear and marketable title to the property

3) registration of POA is mandatory

4) ask seller to refund your money

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Issue legal notice to seller to refund your money with interest

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You need to execute the sale deed with the seller. It can't be unilaterally done. Then only the same can be registered with the sub registrar office.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

if sale deed had not been done for 48 years how could it be done in 2 months

2) go to lawyer office and seek refund of money paid by you

3) change your lawyer

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Change lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir kindly check the status of the suit filed by the lawyer further issue notice to seller to refund your money with interest as they have sold property by cheating and false promise as the title of the suit is not clear.

Further firstly change the lawyer, see if the new lawyer can tell you actual status of the registration by seller.

at this point of time it would be better if you get a clear answer that will the registration happen or not if not then ask for your money back.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you have registered power of attorney with you, then you may proceed with the execution of sale deed n the basis of the power of attorney deed in your favor.

Alternately you can issue a legal notice to the seller demanding him to execute a registered sale deed in your favor on the basis of the sale agreement as well as for having received full sale consideration amount.

If there is no response or if he is denying to execute a registered sale deed, then you may file a suit for specific performance of contract.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

If the seller is in good terms, why do you depend on the lawyer.

You may contact a document writer and get a sale deed document drafted, ask the seller to execute and register the same on your name and you pay the stamp duty and the registration charges.

Ignore the lawyer for this matter.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

I think you are in deep trouble by buying this property in a hurry.

How can you buy a property for the person who is not having a clear and marketable title to the property.

Awake before you are being cheated thoroughly.

You pester the seller for doing the needful done at the earliest or else you may proceed with a civil suit against him.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

It is better you terminate the services of this lawyer and engage the services of another good lawyer and get the task done at the earliest.

What was the necessity to buy the property without verifying all the terms and genuineness properly.

Better consult a local lawyer for proper advise at least henceforth

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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