I had sold my agriculture land to Mr x in 2008. My brothers had objection for the deal. The buyer took all responsibility for possession of land,just I had to be present at time of possession. He gave me a cheque of RS. 12.5 lacs for entire amount and executed sale deed. The cheque was dishonoured with reason refer to drawer. I filled suit to cancel the sale deed. Lower court told buyer to deposit 12.5 lace in court and directed me to give the possession. As the prices were high by now I appeal to high court as amount was above one ten lac. Appeal was admitted, later it transferred to the District court Nasik. I had filled criminal case as well against buyer. Fade up of case dates both of us arrived at a compromise.I offered to pay him RS. 10 lace and withdraw the criminal case. The proposal put up before the district court. Court gave compromise decree, cencelling sale deed as null and void. When I went to revenue official. He told me to give a copy to Sub registrar. Sub Registrar told me to appeal, Collector of stamps for adjudication. I gave matter to the laser, who told me I will have to pay stamp duty, and as well register the decree. Now buyer may not come for registration. Please guide. I am 65 years old having BP and sugar, my health is deotrating.
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1. the compromise decree adjudged the sale deed as null and void
2. so no transfer is happening
3. so where is the question of paying stamp duty ?
4. at the most the stamp duty as applicable on cancellation deed, which is quite nominal, will have to be paid
5. if the buyer does not appear for registration then you will have to file an execution application
Dar Cleint,
You need not to pay any stamp duty, by order of court, sale has been declared null and void, so previous ownership will prevail. Sale Deed being null and void, has no existence, even though you can claim for recovery of stamp duty already paid.Denial to restore actual position/ownership in sub registrar records, amounts to court contempt.
I’m sorry, I don’t understand your query. Could you say it again clearly.
Sir the stamp duty on the decree has to be paid and same need to be registered it is mandatory under the registration act. The amount of the stamp duty need to be paid as per the value of the decree immovable property and the registering sub registrar in the area shall register same.
1) buyer can execute POA in favour family member if he is unable to come for registration purposes
Hello,
I understand the situation you are in, but sir you will have to follow the due procedure of law.
Kindly get in touch with a local lawyer.
Regards
Dear client,
Please go to the court to file a case of Execution of the decree passed by the court.
This is my response to you:
1. You can re-approach the court and file for specific performance;
2. 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.
3. Proviso 2 says that if the agreement is presented and other party is not present, then the registering officer can also issue notice;
4. So take the advice of a local advocate and go ahead with the same.
you can apply to the court to execute the decree for registering the decree through court itself if the other person is not coming for registration process.
The court on the basis of the decree passed in your favor may get the proeprty registered on your name at your costs.
