Can Sub registrar cancel the registration after receipt issuance
I have purchased a house from a party 'X' and registration was done by sub registrar and receipt was issued,As we are unaware of "Attachment before judgement" on the purchased property was given by district court with pleadings from sriram transport(loan given to party X on crusher machine),we paid all the money to party 'X',Now the sub registrar recognised it and kept the registration pending,Can the sub registrar cancel the registration..?,what is the provision to get the problem solved...?,can we take time to get issue solved and registration valid..?
Asked 2 years ago in Property Law from hyderabad, Andhra Pradesh
1. Sub-registrar has no power or authority to cancel an instrument , more son, the registration is complete. Before it the registrar can refuse to registrar it but once it is done it is divested of any power over the transaction.
2. So registration is valid . However you have to face with legal proceeding to get it disentangled from the proceeding of law since the property was already attached by court before registration and the court has got power to invalidate the sale deed.
Subregistrar issued notice to me as registration is kept pending by him with pending number (p71)and original document number(3048/2015) in receipt number is allotted to other.sub registrar mentioned that with in 7 days the attachment issue to be cleared to get registration valid if we fail to clear it sub registrar mentioned that he will refuse to register it.what is the legal remedy for me..?,can we take time from sub registrar to the get issue cleared..will sub registrar has right to refuse the registration..?, we paid total money to seller before registration..who is laible for sub registrars mistake..? what is the legal remedy for us..?
Asked 2 years ago
District Registrar is authorized to hear the cases of impersonation and falsification of facts and order annulment of registration.
if by reading the document and looking at the previous documents registered in respect of the property he is satisfied that the document cannot be validly executed by the person purporting to have executed the same, he has to refuse to register the same and act in accordance with S.71 of the Act.
seller should get clearance from the finance institution loan granted and the matter to be reported to court concerning if it is still pending against the seller.
You need to submit a document stating that there is no proceeding pending before the court , and the seller should also sign indemnity bond and submit it to the sub registrar.
Sub registrar cannot keep pending registration of document once it is lodged for registration for more than 7 days.
There should be no problem in obtaining the loan closure letter if the seller had paid off the loan .
The bank /loan granting institution ,at the same time get a disposal order from the court that the matter has settled and disposed.This document of clearing the status of teh loans are sufficient to rule out the possibility of attachment,as part of any mortgage, pledge or lien.
In case of a delay obtaining the documents clearing the loan and attachment proceedings or any case pending in the court, court action, and an NOC from the :Sriram Transport", The registration will be cancelled and document will be returned to you unregistered.
the same can be re lodged for registration again as you have paid registration and tamp duty no other charges involved.
it may delay but you will not lose your money and property, provided you insist the seller to act and get the technical objections removed.
1) your remedy is against the seller .
2) if attachement before judgement order had been passed how could seller sell the property to you in contravention of court orders .
3) issue legal notice to seller to refund your money with interest as per indemnity clause in the sale deed
4) if seller fails to do so file suit to recover your money
1. When the registration has already been done then how can he keep it pending?
2. The sub-registrar has no authority to cancel the registration once it has been done. The only legal recourse available to the party who benefited from the order of attachment is to seek the indulgence of the court which issued the order of attachment.
3. Since you have a substantial interest in the outcome of the proceedings in the court you should apply to the court to be heard before any final order is passed. There is no other legal remedy available to you.
There is no fault on the side of the sub-registrar, he has to go by the court order.
The vendor has played fraud by selling off the property ia hurried manner.
You can pressurise the vendor to either get the sale execution registered properly or refund the consideration amount.
It becomes the duty of the vendor to clear his debt on the property or to vacate the order of the court passed on attachment before judgement.
You consult a lawyer who will be able to guide you as per the circumstances.