Sir I got pending registration which is refused from sub register that time that survey no was in prohibited list ,but now government has removed that survey no from prohibited list ,I approached sub register to release that refuse document ,but sub register replied me that refuse order is invalid so go with new registration,but now owner is not willing to come registration ,is there chance to clear that pending registration P22/2016 Wich is refuse document from sub register from court order
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1. The registration of not completed due to embargo put by the govt. then subsequent to lifting of the embargo the incomplete registration does not get completed in absence of all the parties.
2. in other words to complete the unfinished registration the presence of seller is indispensable.
If the registration was not completed previously then the registration can be done now. The owner has to come personally.
Regards
Limitation for registration of a document
Limitation for registration of a document under Section 23 of the Act, subject to certain exceptions, any document other than a Will has to be presented for registration within four months from the date of its execution. The term ‘execution’ means signing of the agreement.
Section 17 deals with documents of which registration is compulsory. Whereas, sub-Section (2) of section 17 provides a dozen of exceptions to clause (b) and (c) of section 17(1).
Section 18 of Registration Act pertains to documents of which registration is optional. Word ‘may’ is used in textual of section 18.
The Registration Act strikes only at documents, and not at transactions. All that it enacts is that when a document is employed to effectuate any of the transaction specified in s.17 of the Registration Act, such document must be registered.
Now that seller is upscand IAM not able find out the seller ,can I get any directions from the court based on the previous refused document, because the transaction is done in sub register ,but only the grounds on prohibited list that day sub register refused my document .now that prohibited survey no was deleted by the government. How can I solve this problem and I didn't understand specified in s.17 of the Registration Act, such document must be registered. From Ganesh kandam sir
Issue seller legal notice to execute registered sale deed in your favour
2) if he refuses file suit for specific performance
Contact a local lawyer
act as mentioned herein above
1. Unless the seller comes forward for registration the registration cannot take place.
2. You have to find out the seller.
1. The most easy solution would be to file a civil suit for Declaration and Directions to "ALL" the relevant authorities for registrations and other formalities. This suit must be supported with all the relevant documentations etc.... and all the relevant authorities must be made parties to the suit.
Section 17Documents of which registration is compulsory.—(l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:—
Have to file suit under specific releif act. Notice will issue at his last known address. Even if he will not appear, court will appoint commission who will act as seller.
Stamp duty and registration fees if paid than no further amount is payable.
Same document will use, no fresh deed. Complain to DG stamp if sub registrar impede registration.
if a person is not able to perform as per his promises in a contract, then that will lead to a cause of action and the other party can file a suit against it in the court. The court will ask the defaulting party to perform that promise.You can seek to compel the seller to complete the deal under specific performance. .
You can file a suit for permanent injunction. the court may issue notice to seller . in case if seller are not present you can seek all the remedies to find them i.e. like publication if still they are not present exparte orders can be passed and then you can get the property in your name.
You may get the reply from registrar in writing.
Then, you can file a suit against the sub registrar seeking direction against him to register the property for the reasons you rely upon.
You consult a local advocate who is well versed in such matters.
Discuss the subject matter at length and then file the suit as per the guidance and opinions received.
1. No you cannot re register the refused document which was once refused due to restrictions on khata no.
2. You should send legal notice to Seller for registration of property if you have make payment for purchasing the property.
3. If he refuse to come for registration even after legal notice You should file suit for specific performance against seller for registration of property.
The document of sale must be registered. If not previously then now.