Ask sub registrar to give in writing reasons for non registration of supplementary agreement
2) then file writ petition on HC to direct sub registrar to register supplementary agreement
Sub registrar refusing to register our joint development agreement
We recide in the state of Andhra pradesh ( tirupati) , we are 3 land owners each having a valid registered document in our individual name. In the year 2020 all three land owners have entered into a JDA cum power of attorney with builder to construct and deliver residential property in the ratio of 60: 40 ( 40% to us). After obtaining building permission from local authority by the builder, now we are entering into a supplemantary document to allot flats to builder and land owners. Our problem is - our local sub registrar is allowing only 2 schedules, schedule A builder share, schedule B all three land owners share together jointly. say total flats are 100 , builder will get 60, land owner 1 will get 13 , land owner 2 -13, land owner 3- 14 Sub registrar doing registration in 2 schedules. Schedule A builder 60 flats, schedule B 40 flats alloted to all 3 land owners jointly without idientifying our indivudual share. Sub registrar is saying that we should do another partition deed to distribute 40 flats among us. This type of registration will be loss to us , as we have to pay stamp duty 2 times . Dear sir/ mam kindly suggest me whether sub registrar has right in doing so, also suggest my legal course of action.
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
Hello,
- There is no necessity legally to have a partition Deed to be entered into between the land owners when the Development Agreement can include the proportion of the shares among the owners and there is no impediment in describing the extent of individual share of each of the three of you.
- If the Sub Registrar is continuing to raise objections and is not agreeable to the draft you can have the Agreement registered at an alternate Sub Registrar Office, if there is a near one that is within jurisdiction.
- If the Sub Registrar has any objection ask him to provide the objection in writing. If he refuses, write a letter to him seeking reason for rejecting the draft to be registered.You can then approach the Collector of the District with a complaint against the refusal of the Registrar and seek necessary directions.
The supplementary agreement will contain two schedules only i.e., A schedule comprising 60 flats as per the serial numbers given therein and B schedule for 40 flats giving serial numbers and names of the respective allottee.
If the deed contains the list of flats allotted to each landowner accordingly, then the landowner can sell their respective share of property to the prospective buyer on the basis of the said supplementary registered JVA.
In fact there is no necessity for a partition deed also once the supplementary agreement has been entered between the builder and the developer.
However, if the sub registrar is refusing to entertain your request for registration of the supplementary agreement you may prefer an appeal with the district registrar venting out your grievances and seek remedy.
If you don't get proper remedy through the DR also then you can plan to file a writ petition before high court, however in my opinion there is no legal infirmity to show only two schedule of property instead of listing out all the 100 flats as 100 schedule of properties in the joint development agreement.
You can appeal to his order of not registration
Dear client, As per the information provided, it seems that the sub-registrar is insisting on registering the property in 2 schedules, i.e., Schedule A (Builder's share) and Schedule B (All three land owners' share together jointly). The sub-registrar is also suggesting that a separate partition deed needs to be executed among the three landowners to distribute the 40 flats.
It is to be noted that the sub-registrar has the power to register a document only if it is executed in accordance with the applicable laws and is in conformity with the prescribed formats. Therefore, it is important to examine the relevant provisions of the law and the prescribed formats for registering the supplementary agreement in question.
Regarding the suggestion of executing a separate partition deed, it may not be necessary if the agreement executed between the landowners and the builder clearly specifies the ratio in which the flats are to be allotted to each landowner. In such a scenario, the supplementary agreement can be registered in a single schedule with the individual share of each landowner being mentioned clearly.
In case the sub-registrar insists on registering the supplementary agreement in 2 schedules, you may consider filing a petition before the jurisdictional Registrar or the Deputy Inspector General of Registration, seeking appropriate directions in this regard. Alternatively, you may also approach the civil court seeking a declaration that the sub-registrar's action is illegal and arbitrary.
It is advisable to consult a local advocate who can examine the documents and provide you with appropriate legal advice on the matter.
File writ in High Court for direction to Sub Registrar
