See if sale deed in your name is not registered then the original owner or his legal heirs in case of demise of original owner have to transfer said property to you
Registry of old property
Hello, I need your help to understand the registration process of an old property. Its a commercial shop built in the early 90s. The property is still in the name of the builder as per the building records. I now want to get it registered in my name. What's the process to get this done and what are the documents that will be required. Property Location: Indore, Madhya Pradesh Property Type: Commercial
Asked 6 years ago in Property Law
Religion: Hindu
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18 Answers
A registered agreement has to be done with the owner ie the builder. For that engage a lawyer who will do a due diligence and then make an agreement and then get it registered. Stamp duty has to be paid.
Regards
Builder has to execute registered sale deed in your favour for sale of the shop
2) stamp duty has to be paid as per circle rate on the sale deed
1. If you are buying the property from the builder then builder has to execute the sale deed in your favour to transfer the title to you.
2. After the execution of sale deed you must apply for transfer of mutation in the competent revenue office.
The person who is holding the title is other than the Builder but you have not done the mutation of the property when he has purchased the property you can go ahead and purchase the property but you have to go for mutation of the property since it is transferred from builder to get the property in your name and record your name in revenue records
First issue a notice to the seller of your intentions of getting the property registered and to be present before registrar on any scheduled date and time.
Make an application in this regard to registrar along with copy of sale deed and notice.
Registrar will issue similar notice to the seller. If seller does not appear before registrar on particular date and time registrar will do the registration in your favour in absence of seller.
1. A Sale Deed document is necessary with relevant Stamp Duty paid and only then it can be registered (even unilaterally) without the need of the Builder. Other supporting documents (Aadhar, PAN, Property Tax & Water tax receipts, income tax returns etc.... would be required.
2. Do the above thru a Estate Agent or a Property Lawyer.
You can get it registered with the help of the builder as it can't be unilaterally registrared. If builder is not ready or available then you need to approach court
Sale deed will execute with present owner. And all the original docuemtns of property since it`s origin whicn were used for sale and purchase of property will deliver to you.
Check non encumbrance before any payment.
There is no limitation period prescribed for the registration of a property under the law. This means that you are free to register your property even today. As for the cost of such registration, the same shall be governed by the Rules under the Registration Act which vary from state to state. Hence, the cost of registration will depend on the location of your property and the current market value of the same.
Dear
You will require a confirmation deed from builder to get the registration done on your name.
You cannot register the property to your name b y yourself.
The seller has to execute the registered sale deed on your name.
Hence you may have to contact the builder who has sold you the property for executing the same.
If he is refusing then you may have to file a suit for specific performance of contract seeking specific relief of registered sale deed in your favor by a court direction failing which the court to execute the same on behalf of the seller.
You may approach a local lawyer and proceed as per the advise received.
Thanks for the repsone. Here is the follow-up question: Is there a requirement to show this transaction with the builder in a particular manner or would a recently executed sale deed suffice? Also, do I need any documents other than the sale deed?
Asked 6 years ago
Sale deed with old details is sufficient .
Sale deed will suffice in this case if it's registered
Registered Sale deed by builder in your favour is suffice
2) latest receipt of payment of property taxes fir shop
3)no due certificate from society woukd be required
Sale deed is trasfer of ownership. Mother document, but if sale will take time, execute agreement to sale, condition/period of execution of sale deed and mode of payment
A registered sale deed is required. A sale deed has to be registered with the sub registrar in your district.
If you want a sale deed on your name then the seller has to execute a registered sale deed in your name and not that you can do anything in that manner by yourself, however if he refuses o execute a sale deed then you may approach court with a suit for specific reliefs.
For all such further issues and suggestions you may consult a local lawyer who will be able to guide you properly based on the relevant papers held in yor possession