Registration not done

Question

Registration not done

I bought a flat (560sft) in Mumbai in the year 2001 for Rs 8.50lakhs. The agreement was made on stamp paper ( Rs 39000/-as calculated based on guideline value) . The seller and buyer signed the agreement for having received the amount and vacant possession taken. However, the agreement/deed was not registered at that time as the seller had to go abroad urgently. But the NOC from society etc were received and I have availed Housing loan from HDFC and they also did not insist for registration.
Now that I want to sell the flat, a party who is willing to buy says that his bank will not give loan since registration is not done.
How do I go about in the above circumstance?
Can I avail the amnesty scheme and register it now?
Pl advise.

Asked 6 years ago in Property Law

Religion: Hindu

Answer 1

1. the amnesty scheme is not for completing pending registration. It is for payment of unpaid stamp duty with reduced penalty

2. you will have to catch hold of your seller for the registration

3. you and seller will have to execute a confirmation deed and attach the original sale agreement to this document

4. this entire can then be presented for registration

5. the sale agreement cannot be registered alone now [without the confirmation deed] since the max time limit for registration of a document is 8 months from date of signing

Yusuf Rampurawala

Advocate, Mumbai

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Answer 2

The seller has to sign and if he is in India send a notice demanding to perform his legal obligation. How can uou get the seller to register if he is in abroad as notice may not help.

Regards

G.Rajaganapathy Lawyer

High Court of Madras

Rajaganapathy Ganesan

Advocate, Chennai

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Answer 3

Amnesty scheme is over or is about to. Get the benefit of it. Scheme implemented in 2 phases, I is over on 30th June and 2nd will from the 1st July 2019 to 31st July 2019. Hurry.

Yogendra Singh Rajawat

Advocate, Jaipur

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Answer 4

The present purchaser and you as seller register the present deal. No need of previous deal to be registered.

However if you want to register your property purchase then issue notice to the seller to present himself within a reasonable time before registrar for registering the property. Give one copy to registrar with an application for registration by the registrar in the event the seller failed to appear before him. Registrar will issue notice to the seller to this effect. If seller does not appear by the given date registrar will register the property even in absence of the seller.

Kallol Majumdar

Advocate, Kolkata

2837 Answers

14 Consultations