• What options do I have now?

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?
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

File a suit for declaration and mandatory injunction directing the seller to get the sale deed registered in your favour.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you can file suit before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

contact a detective agency to find out seller address 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

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. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

- 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. 

 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

consult local property lawyer and issue a legal notice to seller 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you can issue a legal notice to last known address of seller. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You have to file a suit for specific performance against seller in court to make him come for registration of property on your name.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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