File a suit for declaration and mandatory injunction directing the seller to get the sale deed registered in your favour.
Respected Sir, I had purchased my flat in , November 2002 and paid full Stamp duty. Due to some reason the Registration of the property could not be done. Now after 17 years I have decided to get my property Registered. I am aware that I will again have to pay Stamp duty as per current rate. My greatest hurdle is to make the seller agree to accompany me to the office of the Registrar for Registration. I contacted the seller on WhatsApp first he refused to answer me, and later on he simply refused to come to the office of the Registrar. I don't have his address too. What options do I have now?
The seller is separated from his family and not staying along with his family. The sellers family is not cooperating in disclosing his address.
File a suit for declaration and mandatory injunction directing the seller to get the sale deed registered in your favour.
The Office of the Registrar has agreed to co-operate for Registration of the documents of my property, provided the seller is also present. Please provide as many options as possible under the given circumstances
See in case seller is not available not coming you only have option to.file suit before the court and get order of court for declaration of property in your name.
The problem is that you cannot change the bridegroom. You have to locate him first. Thereafter, have dialogue with him. What is his demand. Negotiate with him and get the sale deed registered. In case he doesn't agree, since the possession is with you for the last 17 years and you have already paid for it, you can knock the door of court.
1) issue legal notice to seller to execute registered sale deed in your favour as full consideration has been paid to him
2) if he refuses file suit for specific performance to direct seller to execute regd sale deed in your favour
Only penalty will impose, sale deed will be effective from 2002. And penalty will impose on the rates of 2002.
Seller presence is necessary, you can file suit of specific performance against him. Than court will direct him to register sale deed.
Office of the Registrar is not cooperating but fooling you. Penalty will impose as per 2002 rates and same date stamp will pay.
If you have any agreement for condition of registration you can approach court for specific performance by condoning the delay of 17 years. First try to send him a legal notice and request to come for registration before approaching court
Make an application to the registrar to issue notice to the seller to be present before him to register the document.
Registrar can enforce the seller's attendance.
Or move to court seeking necessary direction to registrar to register the document on the ground that seller is not traceable or not making himself available for the registration.
- Since after paying the full consideration amount , you came into the possession of that flat, hence the seller is bound to execute sale deed in your favour.
- Issue a legal notice to the said seller , and his family members on the known address , and further asked the seller to execute sale transfer documents & request his family members to produce the seller before the Registrar.
- Further, you should lodge a complaint against the said seller , after narrating that since last 17 years , he is not coming forward to transfer the documents in your favour malafidely , and thereby he is cheated you.
- If, no response , then you should file a specific performance case before the court , on the ground of legal notice and police complaint.
You issue a legal notice demanding him to execute the registered sale deed in your favor ion the basis of the passing of the entire sale consideration amount, let the notice addressed to his last known address be returned undelivered, yo can file a suit for specific performance of contract before court and seek direction to the seller to register the proeprty to your name, failing which the court may be pleased to register the proeprty directly to you at your expenses.
You dont worry about it, the seller's family are not the sellers hence you may follow the process as suggested in my previous post for an effective result.
Without the seller executing a registered sale deed, the registrar cannot register the property until there is a court order directing the registrar to register the sale deed.
Hence you may approach a local advocate and proceed as suggested instead of wasting time on all such impossible things.
Since seller is not cooperating for registration, only option is to file a suit for specific performance of contract
If you don't know the address of seller, you can apply to court for substituted service by paper publication in local newspapers
As the registration period has lapsed, a deed of confirmation will be required to be signed with seller
If seller does not appear in your suit, then you can pray for deputing a court officer to comply with registration formalities on behalf of seller
you can get the sale deed executed through the court by filing a case for specific performance of contract and the person who had sold will also be made a party to the case.
You have below option as per the Indian Registration Act, 1908. Section VI
VI. IF ONE OF THE SIGNATORIES IS NOT WILLING TO ATTEND THE OFFICE OF THE SUB-REGISTRAR FOR COMPLETING THE REGISTRATION FORMALITIES,THE REMEDIES AVAILABLE ARE AS UNDER:-
If one or more of the signatories is not willing to complete the registration formalities then an application has to be made to the Sub-registrar of Assurances under section 36 of the Indian Registration Act, 1908. Thereafter the sub-registrar of Assurances will issue summons and after giving an opportunity to the person who has not remained present can proceed with the registration formalities. He shall make a noting in the document stating registration refused with regards to the party who has not remained present and can also deliver the document to the party who has applied for registration.
You have to file a suit for specific performance against seller in court to make him come for registration of property on your name.
This is my response to you:
1. You have a few options at your disposal;
2. You will have to issue him a notice;
3. If he does not, then Registrar has powers to issue notice;
4. If he still does not show up then you will have to approach court under specific relief act;
5. You can also file a suit for declaration of the property;
6. Consult a local lawyer, discuss full facts and take steps.