• Sale Deed not registered and put in pending state

I have booked a new flat in KK Nagar, Chennai from Green Choice Constructions. I had a builder agreement way back in 2011. The builder took me to the registrar office @ virugambakkam to register my sales deed last may (May 2017).All my documents were submitted and one pending reference number was provided to me as I was told by the sub-registrar of Virugambakkam that i need to provide the life certificate of all the people who gave the general power to the builder for reconstruction. There are 36 original owners of the land and he expected the life certificate to be produced by all. He informed the same to the builder as well. But builder has not produced the documents so far. I got a reminder from the sub-registrar office some days ago that my registration has been refused and asked me to appeal within 30 days.

1) Is life certificate of all the owners mandatory for registering the sales deed as of May 2017?
2) What is the process to get my sale deed registered now?

Please guide me the process.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

all the landowners must have signed and registered development agreement in favour of builder

this agreement binds not just the owners during their lifetime but also their legal heirs (as can be seen from the title clause itself which would say 'this expression unless contrary or repugnant to the context or meaning thereof shall be deemed to mean and include the legal heirs, executors and administrators')

so even if any one of the land owner passes away, his legal heirs will be bound by the development agreement by and under which the landowner had consented to grant development rights to the builder concerning the owner's undivided share in the land

so it is incorrect for the registrar to insist for the life certificate of the landowners

also the sale agreement is between you and the builder and NOT between you and landowners

the duty of the registrar is to see that proper stamp duty is paid on the document and the parties who have signed the document are present before him to admit their signatures at the time of registration

by insisting for life certificate the registrar is clearly exceeding his jurisdiction

request the registrar to give reasons in writing for his refusal to register the sale agreement with clear justification for such refusal

on basis of that order you will have to file a writ petition in High Court to direct the registrar to register the sale agreement and also claim cost of the legal proceedings

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

Dear Client,

If POA is registered than there`s no need for any such certificate.

Registration is refused so appeal is only option.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

1) POA ceases on demise of principal unless coupled with consideration

2) hence registrar wants life certificate from builder that POA holders are alive or dead

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. It is not the Purchasers liability to procure any type of certificate /document. This is the legal responsibility of the Builder.

2. Based on the Registrar's Notice & other documents, File grievance petition before the local Consumer Court, against the Builder, for negligence and claim damages & compensation. This will force the Builder to get all the documents and do the registration at his own expenses.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1 The sub registrar to ascertain such title and verify POA can ask for such documents under the Registration Act.

2. You need to file an appeal before Registrar and pray for registration of the document and set aside abatement of the delay.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi, it is advisable to file a civil suit for declaration in court .. The civil court can pass a decree in your favour , upon which you can get the property registered on your name

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Yes. You will need to submit the certificate to show all of them are alive as the POA ends the mpment any of them dies.

After submitting certifucate your sale deed will be regitered if all other documents are cleared.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

1. It is mandatory especially while registering the property through a GPA agent becasue the POA deed will be invalid or stands cancelled in the event of even one of the principals is not living anymore.

2. You have to issue a legal notice to the builder seeking compensation for the inordinate delay and for the mental stress caused due to this..

Put pressure on the builder

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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