• Registration of document after 10 years of execution

A document was registered by sub registrar after 10 years of its execution . the document was stamped by collector of stamps. the seller has executed a power of attorney in favour of the buyer which is still in force
Asked 1 month ago in Property Law from Delhi, Delhi
Religion: Hindu

Registration has to be done within maximum 8 months of execution of document with penalty . It could not have been registered after 10 years of execution 

 

2) if POA was executed registration is necessary of POA is necessary for sale of property 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Could you please state as to what exactly is this document? (gift deed, sale deed, conveyance deed, relinquishment deed, deed of family settlement or any other)

 

Siddharth Jain
Advocate, New Delhi
5188 Answers
58 Consultations

5.0 on 5.0

- Unregistered documents should be registered within four months of its execution and under special circumstances the time limit is extended for 8 months.

- Since, the said documents was not registered on time , due to the deficient stamp duty  , and further on the approval of Collector , and after paying the required stamp duty , it is registered , then this document may be considered as valid for all purposes.

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

Isis necessary to peruse registered saledeed to advice 

 

on what basis sub registrar registered sale deed 0 years after execution 

 

suit has to be filed to set aside sale deed

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

The agreement for sale is valid for three years, if it doesn't state otherwise. So, if no sale deed has been registered for 10 years, it would be deemed as cancelled with efflux of time. 

 

Siddharth Jain
Advocate, New Delhi
5188 Answers
58 Consultations

5.0 on 5.0

Agreement to sell is basically a document to execute another document ie sale deed /conveyance deed and does not transfer any ownership rights between the parties. Agreement to sale (sale agreement) is a document which sets out the terms and conditions of registration of the sale deed.

Siddharth Jain
Advocate, New Delhi
5188 Answers
58 Consultations

5.0 on 5.0

No it will be enforceable as sub registrar will charge the penalty for the late registration of the same

Prashant Nayak
Advocate, Mumbai
15888 Answers
28 Consultations

4.6 on 5.0

It's enforceable and valid as it has been registered by the collector. So now the property is clear title. 

Ganesh Kadam
Advocate, Pune
8760 Answers
72 Consultations

4.9 on 5.0

1. Yes it is still in force if it is registered by paying stamp duty.

2. It is enforceable instrument.

Mohit Kapoor
Advocate, Rohtak
5916 Answers
2 Consultations

5.0 on 5.0

A sale deed has to be compulsorily registered without which it is not enforceable.

Rahul Mishra
Advocate, Lucknow
5619 Answers
12 Consultations

5.0 on 5.0

The sale deed shall be enforceable from the date it was registered.

Rahul Mishra
Advocate, Lucknow
5619 Answers
12 Consultations

5.0 on 5.0

It must be registered. Without registered agreement it is nothing.

Rahul Mishra
Advocate, Lucknow
5619 Answers
12 Consultations

5.0 on 5.0

1. IF the Sale Deed was duly Stamp Duty paid and Registered before the local Registrar of Sub-Assurances, AND IF the said POA still is effective (not lapsed), THEN irrespective of the delay in registration, the Sale Deed is legally FINAL & Conclusive for futuristic purposes of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

2. Bye virtue of the above the Seller or his legal heirs or any other claimant now legally CANNOT object or stake any claim whatsoever.

Hemant Agarwal
Advocate, Mumbai
3387 Answers
19 Consultations

5.0 on 5.0

1. max time within which a document can be registered is 8 months from date of signing

2. if the document is registered after the above period, then both the parties can still register the document by executing a deed of confirmation and annexing the original document to the deed of confirmation

3. penalty has to be paid to the registrar's office for late registration

4. in this case the seller had given a POA to buyer which is still subsisting

5. so using that POA the buyer can register the document by executing a deed of confirmation on behalf of seller

6. the document was also duly stamped

7. thus the document is now properly registered as per law

8. if the document had not been registered then no party can use that document as an evidence in court. However it can be used as a proof in collateral purposes [see section 49 of registration act, proviso]

 

Yusuf Rampurawala
Advocate, Mumbai
4819 Answers
29 Consultations

5.0 on 5.0

Both sale deed and agreements executes at sub registrar and both are valid if executed by POA in favor of buyer. ,

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

The Power of attorney deed is not a title document.

The POA deed can be registered afresh even tough it was executed long back since no stamp duty is required to be paid for this.  

However if you dispute this registration you may  send a letter to the  the Inspector general, Registration seeking to know the relevant procedures for registering as deed after 10 years of its execution under RTI act.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

A sale deed cannot be registered beyond 4 months of its execution, if it has been fraudulently registered then it can be disputed  as per law with documentary evidences to nullify the same.

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

The sale agreement if renewed periodically  can be registered beyond 3 years also considering it as renewed and it should be registered within three years from he date of last renewal. Hence you first ascertain the facts and then raise this query.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Please contact local advocate for more precise guidance.  This is not such easy to respond without
peruse documennts. 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

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