I bought a flat one year back and both parties presented for sale deed however registrar refused to sign the sale deed as there was a status quo by the high court on selling the property, after one year now status quo has been dismissed by the court but the sub registrar who has taken charge recently is refusing to sign the deed as he is asking both the parties to be present ....the seller will not appear as he is a greedy person.....my all obligations are completed but registry is not happening kindly advice
1. The registrar is right as on lifting the stay order there is no bar on registration but the presence of both parties can not be dispensed with.
2. In other words unless and until both seller and buyer remain present, the registration can not happen.
3. Now if the seller remains adamant in coming for registration , the buyer has the option is filing a civil suit for specific performance of contract.
Hi but both the parties have been presented in front of old registrar and all thumb impressions were taken in front of witnesses only the sign was pending
You need to seek court order under specific relief act for compelling the seller to appear before sub registrar for execution or execution by order of the court in his absence
The sale deed has to be executed by the vendor in favor of the buyer.
Thus, as a buyer you cannot get the sale deed executed by yourself.
If the vendor is not coming forward for executing the registered sale deed then you may approach the court with a suit for specific performance of contract seeking direction to the vendor to execute the registered sale deed, and if he fails to do so then the court may execute the sale deed directly .
Since the registration of the sale deed has not been completed, it is the duty of the seller to execute a registered sale deed in favor of the buyer, therefore you cannot agitate the decision of the sub-registrar refusing to register the sale deed presented by the buyer alone.
Ans: For one last chance try to convince both parties to remain present before the Registrar. As the Registrar has taken charge recently, he wants to ensure that both parties are present before him again.
It is only administrative.
The presence of both parties is necessary for execution of sale deed
2) issue legal notice to seller to appear before sub registrar office for execution of sale deed
3)if he refuses file suit for specific performance
Act as mentioned herein above
1. The sub-registrar is right. Unless both seller and buyer appear before him the sub-registrar cannot register the sale deed. The appearance of both parties previously is immaterial as at that time the stay order was operative. They have to appear to get the sale deed registered.
2. If seller is not appearing then a suit for specific performance can be filed by you in the competent civil court.
Dear querist,
the answer to your query depends on the documents you have with you. For example if you have the copy of the sale deed signed by both the parties, conveyance deed or other documents pertaining to your ownership to the property and your constructive possession thereof. Therefore, it is advisable that the documents are scrutinised first so that the solution can be figured out.
Prima facie, suit for specific performance or suit for declaration might be the option available. if there is some lag on the behalf of the registrar then the writ can also be preferred.
You can contact me for consultation and dealing with your matter.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
Dear Sir
Get seller noticed though the registrar and if he refuses file proper remedial suit before the jurisdictional Court.
1. Based on the available documentary evidences & witnesses, file a Civil Court Suit for declaration and order to register property in your name, by following due procedures of law.. This is the last possible solution, you may have to look at, IF seller has stopped cooperating.
2. The Seller & the Registrar, shall have to be made a party in the above suit.
Have to file suit of specific performance. Court will direct them to appear before registrar and if not appeared than commissioner will appoint by court.
But in your case, seller part is already complete, only registrar signatures are require. Complain DG, stamp. Also inform that seller is taking advantage of situation and demanding money to co operate.
issue a legal notice through an advocate and file a suit for specific performance.
both parties must appear once again to execute sale deed.
1. You should send a legal notice to seller first for appearing for registration of sales deed.
2. If he still refuse to appear before registrar then file a suit for specific performance in court against seller.
