You need to get the same registered through his legal heirs
I bought a resale flat in Mira road, Thane in Feb 1993 for INR 500,000 and paid the stamp during the amnesty scheme. We did not get the sale deed registered. The Original Sale deed from the builder to the first seller was registered and I have that receipt. How do I get my resale agreement registered since the seller has passed away in 2010...
The heirs are not traceable..its been 30 years...
You have to registered sale deed to get the ownership of the flat as per registration act and transfer of property act.
If they are not traceable than apply civil suit in the court for adverse possession and get the order from court that title of ownership belongs to you. And you're real owner.
Registration has to be done within maximum period of 8 months
your remedy is to ask legal heirs of seller to execute deed of confirmation
it should be stamped and registered
The legal heirs of the seller have to be approached for getting the sale deed executed in your name.
You may issue legal notice to them and demand them to execute sale deed and register it on your name.
You have to trace them out or you issue legal notice to their last known address and get it returned undelivered after which you can approach court to get the sale deed registered by filing a suit under specific relief act.
you will have to file a suit against the unknown legal heirs of the seller
in that suit you will seek the relief of specific performance of contract and a direction to the LH of the seller to come forward for registration of the sale deed
if the LHs after issuance of public notice in local newspapers do not come forward then the suit will proceed ex-parte against them and the court will pass an ex-parte decree in your favour
as an alternate relief you have to seek a relief that if the LHs do not come forward for registration of the sale deed then the Court should appoint an officer who would complete the registration formalities on behalf of the LHs of seller/defendants/judgment debtors
in this way the final sale deed will be registered
you will have to pay the full stamp duty again on the sale deed at the prevalent market value minus the stamp duty already paid on the agreement for sale.
the agreement for sale which is stamped under the amnesty scheme cannot now be registered because a document can be registered only within 8 months of its signing as per the Registration Act
Dear client In cases where the previous owner/s have passed away, you may contact their legal heirs to rectify the issue. However, if you cannot find the legal heir, a rectification deed without a seller is possible with supporting documents as asked by the sub-registrar.
- As per Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. The prescribed period in case of for government-owned properties is 30 years.
- Since, even the legal heirs are traceless , then the registrar will not register the property in your name. in the absence of the executor.
- However, as the said property is in your use and occupation for the last 30 years , then you can file a declaration suit before the court on the ground of adverse possession for declaring the legal owner of the property