• Registration of old property

My father purchased a property in resale (Builder to 1st owner, 1st to 2nd owner and 2nd owner to my father) in Pune in 2002, my father payed the stamp duty, however did not register the property. My father passed away in 2013, the person from whom my father purchased the property has also passed away..My father before he passed away bequeathed the property in my name through a will, Will is probated as well. The society share certificate name has been transferred in my name. Currently only the sale document 1st to 2nd owner is registered and stamp duty paid. 
Builder to 1st owner and 2nd owner to my father agreement is unregistered.

How can I register the property now? Do I need to register the old documents now and  pay stamp duty? Can I sell the property and the sale deed be registered? I want to sell the property, the intended purchaser needs to take a loan on the property? With the current set of documents, will the intended purchaser get loan? What needs to be done to get the papers in order to become clear legal owner and title on my name?
Asked 3 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) you dont have clear and marketable title to the property 

2) since original agreement between builder and 1st owner is not registered  bank will not sanction purchaser loan for purchase of flat 

3) registration can be done within maximum period of 8 months . after lapse of so many years registration would not be possible 

4) deed of confirmation can be executed by legal heirs of 2nd owner in your favour 
Ajay Sethi
Advocate, Mumbai
46885 Answers
2772 Consultations

5.0 on 5.0

1. How has your father paid stamp duty for purchasing the said property when he did not get theb sale deed registered?

2. Without registering the title deed, the title of the property can not be conveyed to your father for which all subsequent transfer of the title of the said property is illegal,

3. Catch hold of the legal heirs of the seller and get the sale deed of the property registered in your name,

4. If they are not willing, then file a declaratory suit praying for a declaration that the property belongs to you since your father had paid the full consideration, paid the stamp duty also but the seller failed to come to the registrar's office to register the sale deed,

5. Also pray for the direction in the same suit up on the registrar to register the property in your name.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

1. The will made by your father is a waste paper if the property was not registered in his favour. The title to a property flows from the title deed. If the title deed was not registered in your father's favour he could not have made the will.

2. It is surprising that probate has been granted by the court to the will in the absence of title to the property which has been bequeathed. Be that as it may, the probate also does not create ownership. It can be challenged subsequently.

3. To register the property the seller of your father has to execute the sale deed in your favour. Issue a lawyer's notice to him to register the sale deed. If he does not meet your demand then file a lawsuit against him to seek court's directions to him to register the sale deed. 

4. By no stretch of imagination a loan can be sanctioned on the property.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

Hi sir/madam, at present your father has no right to over the said property because of the the said sale transactions is not complete, it is incomplete therefore your father has no right. But you have to fight on the basis of Sale Agreement, you can urge and to request to vendor of legal heirs to execute the absolute sale deed infavour of you... it is possible you should convenience the circumstances of the matter... after registration can avail the loan.
C. V. Jadhav
Advocate, Bangalore
503 Answers
15 Consultations

4.7 on 5.0

The unregistered sale deed is not valid and no title can be claimed based on an unregistered sale deed.  A mere registration of sale deed on the last vendor to the buyer alone will not be sufficient and the bank for granting loan will trace the title.If title could not be traced then loan cannot be sanctioned. 
Therefore arrange to get the property sale deed registered accordingly till date properly. 
T Kalaiselvan
Advocate, Vellore
37049 Answers
403 Consultations

5.0 on 5.0

With out registering the document how can we paid the stamp duty.You have no absolute ownership over the property Now the legal heirs of the second owner can create deed of release deed of confirmation in favour of you 
By that way you can achieve the ownership over the property legally. After that you can sale the property to any one. 
Ajay N S
Advocate, Ernakulam
2828 Answers
47 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer