The property can be registered in both the parties are agree to the only issue is the payment of stamp duty will be at the currently irrespective of any payment made in past
Registration of property after 30 years
A property in mumbai was bought in 1988 after paying all the consideration to the owner agreement for sale was made in favour of the current owners by original owner, affidavit for transfer of right was made, general power of attorney was made and all these documents were not registered but only notary was done. So can it be registered today in 2018 and what will be the procedure compensation/panelty.
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
Registration can be done within maximum period of 8 months with penalty
2) asks elder to execute deed of confirmation of sale of property to you
3) deed of confirmation should be duly stamped and registered
Hi, the stamp duty on the amount will be paid at the current circle rate and registration charges
Sir for registration today the seller presence or legal heirs presence is required the old cannot be registered new.deed has to be prepared.
If seller not available you have to file a declaration suit to clear the title of property in the civil court.
Very much Thankfull to your previous responses addl ques. 1. Third person(developer) has bought the larger property including this smaller property(2008) and got the larger property registered(2009). how much are our chances of getting the smaller property registered. 2. declarative suit is already filed in 2017 against the third person and the vendors who sold the larger property. 3. smaller property was not owned by the vendors who sold the property. 4. person who sold the smaller property has deceased. so what should be the procedure now. 5. The vendors who sold the larger property were the rightfull owners to sell the property in (2008) as per the third person is saying. 6. If this is the case there was no such objection raised by the so called rightfull owners(vendors) in 1988 when the smaller property was sold and there no such cancellation of deed done yet by them. 7. In suc cases what are our chances of getting the title for smaller property. please need advice and guidance. asap
Asked 7 years ago
Legal heirs of deceased seller have to execute deed of confirmation
You have to file suit to set aside sale of property
To confer clear and marketable title registered sale deed is must
1. The execution of sale deed is possible only if the seller or his legal heirs come forward to execute the sale deed in favour of the buyer.
2. Since the GPA was not registered the sale deed cannot be executed on the basis of it. Mere notarization of
GPA does not suffice, it has to be registered.
3. It is not clear from the query as to whether the declaratory suit was filed with a consequential relief for specific performance against the seller.
1. a sale deed can be made if you know who all are the legal heirs of the vendor
2. the title did not pass onto you when the smaller property was sold by original owner as the document was not registered
3. the title remained with the original owner
4. now that he has expired, his legal heirs will have to obtain letters of administration from court and then transfer the property to you
5. the stamp duty on the sale deed will be deficit duty plus penalty of maximum two times of actual stamp duty payable
6. you will have to send the sale deed to the collector for adjudication who will determine the stamp duty payable on the document
7. public notices will also be required to be published in newspapers to invite objections against the transfer in your name
8. a search report will have to be obtained from the registration office to check if any third party rights were created for the smaller property after the agreement with you
1. Sir declaration suit has to be filed against the person who were the owner of the property and third party if any involved.
2. If the person who sold the property is deceased join his legal heirs as party or if they are ready now make a new sale deed now.
3. See you have clear possession of the property for the title you have supporting documents and you have paid the amount so the court and decide and declare the title in your favour,
Yes it can be registered today.
Previous owner will have to come
Stamp duty will be paid as per the present circle rates.
Regards
The registered sale deed can be executed now if you pay the stamp duty applicable at today's rate, i.e., the stamp duty shall be paid as per the current government guidelines value.
The original owner has to execute the registered sale deed in favor of the buyer
1. It depends on how you challenge your case and defend your interest in the court.
4. The legal representatives or legal heirs oif the deceased has to be approached for this.
7. Your own contents are contradicting to each other.
A concrete opinion can be rendered only after going through the relevant documents and the details of the background of the cases filed as well as the reliefs sought in the suits filed.