legal heirs can execute registered sale deed in your favour as full consideration has been paid to seller and possession delivered to you
I have made agreement to sale with a party(in Navi Mumbai) on 17th may 2012 by giving 20% of the property value. I got loan from bank by submitting the agreement to sale to bank and the money i have transferred to the sellers (joint owners). they have given the possession letter also. however i didn’t make the sale deed. Is it possible to make the sale deed now? One of the seller has expired now. is it possible to execute sale deed? the legal heirs are in Rajasthan Is the sale deed execution is the responsibility of the seller?
legal heirs can execute registered sale deed in your favour as full consideration has been paid to seller and possession delivered to you
seller 1 is agreed to do the sale deed however the seller 2, legal heirs are not willing to do and staying in rajasthan. In that case what to do?
issue legal notice to legal heirs to execute registered sale deed
2) if they refuse file suit to direct legal heirs to execute registered sale deed in your favour
Registration of Sale deed is must. Without it no actual transfer of ownership. If seller is available and ready to cooperate, sale deed can register by paying penalty from back date.
Heirs can give POA to other seller. Registration of sale deed is responsibility of both buyer and seller.
Yes you can do the sake deed or the agreement of sake if registered can be considered as saled deed if consideration is paid by you
See you can file on this case a suit for specific performance of the agreement since the complete amount is paid it was sellers responsibility to execute sale deed he has failed to perform his part of agreement.
In case the seller is now dead the legal heirs can be joined as the party to suit and they need to execute the deed. If they fail to appear the court will appoint a person and direct sub-registrar to execute the deed.
File for specific performance suit if they are not willing seller one can be made respondent and he may agree to execute if the others are not willing for same court order is required.
File for specific performance suit if they are not willing seller one can be made respondent and he may agree to execute if the others are not willing for same court order is required.
It is possible to get the sale register the only thing is that you have to pay the registration stamp duty at the prevailing rate increase the parties are not agree to go for the registration you can claim the title of the property by filing a civil suit and and court order even if they do not go for registration the court authorised representative will go for registration and complete the registration process
If legal heirs of seller are not agree to do registration. kindly apply for registration in sub registrar office and then from sub registrar office notice will be sent to legal heirs to do registration otherwise sub registrar can take action in your favor.
What are the charges of making the sale deed? Do i need to pay the stamp duty again? Can I sell this property without doing the sale deed?
legal fees vary depending upon lawyer engaged by you
2) you have to pay stamp duty again
3) you cannot sell property without sale deed in your favour
Yes sale deed will attract additional stamp duty and registration charges to you. Yes you can sell the same on basis of registered agreement of sale and proof of balance payment
6% stamp duty + penalty for delayed registration.
Do i need to pay the stamp duty again? - when your paid stamp duty ? Agreement to sell is with possession or without possession and it is registered ?
You could have sell if you had POA or have authority to sale in agreement to sell.
expertise in specialized areas may charge much more and vary depending upon lawyer.
Yes you have to pay again.
without sale deed you cannot sell.
1.Yes it Is possible to sales deed now By paying stamp duty and registration charges.
2. Seller should cooperate for registration of sales deed.
3. If legal representatives are not willing for execu of sales deed Then you should file a suit for specific performance against legal representative of deceased seller.
This is my response to you:
1. You can force the legal heirs to enter into a sale deed;
2. There is a provision in the registration act to the effect;
3. You will have to register the sale deed as well pay stamp duty of today's circle rate to obtain perfect title to the property;
4. You cannot sell the property without having ownership rights over it;
5. Consult a local lawyer and take steps.
No doubt it is a belated stage, however you can get the sale deed registered if you had paid the full sale consideration amount.
You can issue a notice to the sellers and the legal heirs of the deceased seller to execute the registered sale deed, failing which you can file a suit for specific relief or specific performance of contract for getting the sale deed executed.
You can file a suit agaisnt them, if they do not appear before court they may be set exparte and you can get it registered through court by an order in your favor