Registration can be done within maximum 8 months of execution of agreement with penalty
2) deed of confirmation can be executed by seller
3) it should be duly stamped and registered
Registration of Agreement for Sale
My daughter had purchased a flat in December, 2001 in the building where we already had a flat and paid the stamp duty as applicable. Stamp Duty office did not ask for registration charges while accepting the stamp duty. Since the agreement was made with a neighbour, no broker was hired and we were not aware of the requirement of registration. Even our society did not insist or ask for registration and the flat was transferred in my son's name. As a result, the Agreement remained Unregistered. In 2007, the flat was transferred to my son's name through a Gift Deed as my daughter got married and shifted to Chennai Now we want to sell the flat to a buyer who wants to take a loan from a bank. Bank does not sanction him loan due to non registration of Agreement dated December, 2001. Can the registration of the Agreement be done now. We are prepared to pay the Registration Charges and late fee, if any.
Asked 6 years ago in Property Law
Religion: Hindu
7 Answers
See the document once executed has to be registered in 4 months from its execution since now the document is not register orignal owner and daughter can register a confirmation deed confirming the unregistered agreement and stamp duty and registration fee on same has to be paid.
Alternatively you can also first file an application with sub registrar to register the old document and can state the reason.and can agree to pay penalty if he order and allow same can also be done.
1. Your daughter purchased a flat, hence there was a sale. Now a sale can be possible only through a registered sale deed. Agreement to sell does not require mandatory registration but a sale deed does.
2. The title of your daughter is defective.
3. Your daughter should trace the seller and ask him to register the sale deed.
The agreement cannot be registered now
Max period within which registration is possible is 8 months from date of signing
So only option now is to trace the seller and enter into a sale deed with him and then register that document
You will get rebate for the stamp duty paid on the agreement for sale of 2001
In sale deed, son will have to join as a confirming party
Limitation of Registration within maximum period of 8 months with penalty.
Seller should execute again sale deed.
Yes you can do the registration now by penalty
Registration of property cannot be done on the basis of the agreement executed very long back.
You may have to get a fresh registered sale deed executed by paying appropriate stamp duty and registration charges on the current rate.
What stamp duty have you paid earlier, because for an unregistered sale deed there is no necessity for paying any stamp duty, you may verify this and proceed.
In any case you ,may have to pay the stamp duty and registrations charges as per the current market rate only.
