Good morning Sir, We Brothers purchased a commercial site by Auction in municipality limits of karnataka government. The city municipality gave us sale certificate after approval of state government. We took the possession and built the property approval from city municipality thirty years ago. In muncipal records it is in our name only. We had not registered the property in sub registrare office. I want to know, is there any compulsion to register the property and wether we can register it now. If we want to sell the property what is the procedure. Thanking you
since property has been purchased in auction sale certificate has been issued in your name
2) iThe Certificate of Sale does not require registration. But, if it is presented for registration, it has to be duly stamped under Article 23 of the Indian Stamp Act, 1899.
3)you can approach the sub registrar office in this regard
Dear sir,
Normally transfer of immovable property is incomplete unless it is registered under the Indian registration act in the office of sub-registrar but now you have perfected your title by way of adverse possession and by way of auction purchased . You may get issue a legal notice U/s 80(1) of CPC and file a suit for specific performance and court will direct the municipality to execute the regular sale deed in your name .
See now it is barred by limitation you cannot registered it . See you can sale property based on the sale certificate if there is any issue in same you have to file suit before court to declare your ownership .
Dear Sir,
To sell an unregistered property you need to produce the physical title deeds. ... This will have little or no effect on any sale of a property. If the title to your property is not registered at the Land Registry, you can choose to register it at any time. You don't have to wait until you decide to sell or re-mortgage.
As per Section 17 of the Registration Act, 1908, all transactions that involve the sale of an immovable property for a value exceeding Rs 100, should be registered.
Under Section 49 of the Indian Registration Act, 1908, the documents (sale/gift agreement) will not have any bearing on the property and will not confer any transaction rights on the property. In case of a dispute , you will not have any rights on the property if it is not registered in your name
Registering your immoveable property should be the top priority when you buy a house, commercial shop or land as it proves your legitimacy to carry out any transaction. A person is considered the legal owner of a property only after he gets the property registered in his name
1. a sale certificate is a compulsorily registrable document u/s 17 of the Registration Act
2. a registered title document would confer proper ownership title on you
3. under the registration act, the max time limit within which a compulsorily registrable document is to be registered is 8 months from the date of execution thereof. Beyond that the document cannot be registered
4. however you can execute a deed of confirmation with the authority which issued the sale certificate to you and have that deed registered with the original sale certificate attached thereto
5. thus the sale certificate upon registration as above will come in public domain and would also confer proper title on you
- As per Section 17 (2) (xii) of Registration act , Any certificate of sale granted to the purchser of any property sold by public auction by a civil or revenue officer is exempted from compulsory registration.
- Since, you have purchased the said commercial site by Auction in municipality limits of Karnataka, then as per law , its registeraton is not mandatory.
- Now, after a gap , of 30 years time , it can be registered , if you want to do so.
- Further, as per law you brothers are the absolute owner in possession of the said property , as municipal records also showing the same as well, and are free to tansfer it to some other purchaser.
It had to register within 4 months. Get it register not - Sale deed by paying penalty.
1. Since you bought the property through public auction, sale certificate was issued to the highest bidder, instead of sale deed and it should have been registered by paying the applicable stamp duty.
2. It has mentioned in the narration that sale certificate was handed over after approval of State Government. Please check once whether there's any franking seal or embossing seal is on the sale certificate.
3. Registration of property is a must. However, in view of the approval of State Government to issue sale certificate, it's better to get the property registered now in the form of Confirmation Deed. After the registration of confirmation deed for the property, you can sell the property to prospective buyer.
Yes, you have to compulsory registered the property with sub registrar of state revenue department than only land will be clear title on your name otherwise not. As of now building construction is on your name and using corporation facility.
Section 17 (2) (xii) of Registration act gives exemption.
Any certificate of sale granted to the purchser of any property sold by public auction by a civil or revenue officer is exempted from compulsory registration.
Yes registration of property is mandatory.
Yes you can register the property now also but for that you have to file suit in court for mandatory injunction.
For selling the property you have to transfer the property through sales deed.
Even though you have a sale certificate issued by the municipality for the auction purchase, unless there is a registered sale deed on your name, it cannot be said that you have a legally valid and marketable title to the property.
You may have to get the property registered to your name after which you can sell the property by executing a registered sale deed in favor of the prospective buyer.
Yes it's mandatory to register
