• 1980 apartment in Thane, Maharashtra not registered

We had purchased an apartment in Thane in 1980 in a cooperative hsg society. The stamp duty was paid but the registration was not done. We are still staying in that apartment today. However, we plan to sell it soon.
How can we complete registration of this property in our name before we sell it ? The price of the flat today is 70 L. What will be the registration cost including any penalties for the delay?
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

Go to the registrar's office to get your flat registered. All the formalities you can enquire there

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1544 Answers
5 Consultations

4.4 on 5.0

Registration can be done of sale deed within maximum period of 8 months 

 

2) it cannot be done after 38 years 

 

3) you can approach seller to execute deed of confirmation and have it registered 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Sir now registration cannot be done based on previous deed now you can sale to the person you wish through registered deed even in unregistered sale deed this old there shall be no issue.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.After buying a property and paying the stamp duty applicable, the buyer can register the purchase within four months of the agreement. Registrations done after this period, that is in the fifth month, are charged a penalty of 2 ½ times the registration fee; in the sixth month the penalty would be five times the registration fee; in the eighth month the penalty would be ten times the registration fee; but in the ninth month there is no penalty. It cannot be done after eighth months. 

2.if seller are available immedately approach registration office for registration and get it registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) You have to visit nearest sub-registrar office and ask him whether he is ready to registered flat on your name. As its delayed more than 8 months. 

 

2) Penalty is 10 times of current stamp duty fees price, So you will get clear picture they are ready to registrar flat on your name after 39 years. 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Cleint,

I can be registered by paying 10 times the amount of the proper duty or deficient portion but registration fees shall be impose of present.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

the max time for presenting a document for registration is 4 months from the date of signing

if the document is not presented for registration within aforesaid period then it can be registered within the next 4 months by paying a fine/penalty of 10 times the registration fee

however there is no provision in the registration act as to what would be the case if the document is not registered even after expiry of the extended 4 months i.e. even after expiry of total 8 months from date of execution

earlier there was a rule of allowing a deed of confirmation which could be unilaterally made by the purchaser therein confirming the sale transaction under the unregistered document, but such rule has now been done away with 

so the only option left in this case would be to file a civil suit for declaration that you are the owner of the flat 

such suit will have to file against the seller or his legal heir if seller is not alive

there would be a problem if either the seller, if alive, or his legal heir, if seller is no more, are not known to you or their whereabouts cannot be ascertained

in such cases you will have issue public notice in local newspapers to inform the seller or his unknown legal heirs that such a suit has been filed by you against them

if no objection is received or if the seller/legal heir does not appear before the court, then the court will pass an ex parte decree in your favour

this decree can then be registered with the sub-registrar and thereafter your title to the property will be completed and marketable so as to enable you to sell the property 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

You must make a representation to the concerned Sub Registrar and ask him to register or to refer the same to his higher authorities.  If that department refusing to do or delaying register in your name then you can get a direction by approaching  High Court.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello,

You will have to purchase the stamp as per the current market price of the property. 

Get in touch with a local lawyer for exact price and rate of penalty as the same varies from state to state. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Yes you have to register before selling your flat.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

The stamp duty may have to be paid as per the prevailing market rate for getting the property document registered on your name at this stage.

The applicable rates and the cost  may be enquired with the sub-registrar's office 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

This is my response to you:

1. The cost of registration will be minimum 30%;

2. You will have to pay the penalty for the same;

3. You can find the exact cost from the registrar office of your jurisdiction;

4. You can also check this website and go through the same: http://igrmaharashtra.gov.in/;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You need to execute the registration by applying to the said department. You can also apply for waiver for the penalty in certain circumstances. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer