• Non registration to intermediate agreement to seek registration

I have purchased a flat. We are the 4th owner of the property. The 1st sale was between builder and Mr. A. The 2nd sale was between Mr. A and Mrs. C. The third sale was between Mrs. C and her son Mr. Vinod. I bought the flat from Mr. Vinod. Over here the 3rd and the 1st sale are registered. However, the 2nd sale was not registered. Now the bankers are asking why the 2nd sale was not registered. 

However, at the time of 3rd sale, all the required stamp duty and penalties for non-registering the 2nd agreement was paid. Now the bankers are insisting to get the 2nd agreement registered, which is not possible as both Mr. A and Mrs. C have died. Please guide to provide a strong argument to convince the bankers. Or provide a solution to get 2nd sale registered.
Asked 4 months ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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11 Answers

You have already paid the penalty and stamp duty of 2nd sale that itself means registration done.

Registering 2nd agreement means paying double stamp duty. Bank employee is idiot.

Change bank if not convince.

Yogendra Singh Rajawat
Advocate, Jaipur
22283 Answers
31 Consultations

4.4 on 5.0

The property without any interruption was transferred from first sale deed till third sale deed and as such there is no dispute to the transfer of title and ownership of all owners. On payment of stamp duty on second sale deed the second sale deed stand regularised and valid in law. Objection of bank is baseless in the light of above and particularly in the light of third sale deed from where you have drawn title which is undisputed and is clear and clean also.  


Siddharth Srivastava
Advocate, Delhi
1147 Answers

5.0 on 5.0

Please change the bank

Uma Vyavaharkar-Acharya
Advocate, Mumbai
58 Answers
2 Consultations

5.0 on 5.0

Deed of confirmation can be executed by legal heirs of A that property was sold to C 


it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
92778 Answers
7130 Consultations

5.0 on 5.0

The bank will not accept the defective title to grant loan.

If the sale between A and C was not by a registered sale deed, then the title to D is defective.

Now the legal heirs of A are to register the sale deed in favor of the  legal heirs of C otherwise your title is also defective, and you cannot ell the property in future.


T Kalaiselvan
Advocate, Vellore
82974 Answers
1980 Consultations

5.0 on 5.0

The bankers are right in insisting so. The chain of title should be established for at least the past 12 years. Generally, banks and financial institutions insist on tracing the title for the previous 30 years. An unregistered sale deed is inadmissible in evidence in a court of law should the title be disputed in future. Please make thorough enquiries as to why the previous sale was not registered and satisfy yourself first. Remember that you will be the true owner of the property for your life and the bank has merely a financial interest in it so long as the loan exists.

Swaminathan Neelakantan
Advocate, Coimbatore
2624 Answers
20 Consultations

4.9 on 5.0

You can provide the copy of penalties paid for non-registering 2nd agreement details. and As of now take NOC of all legal heirs of Mr A and Mrs C, But I want to know the time frame for this transaction. If this transactions come under limitation act than there is no need to re registered and document from previous owner. 


Ganesh Kadam
Advocate, Pune
12800 Answers
235 Consultations

4.9 on 5.0

The title still vests with A 

Your title is not clear 

So the bank is right 

Merely paying stamp duty with penalty on 2nd document does not confer any title on Mrs C

You will have to trace the legal heirs of A who can transfer the title to you by making a registered sale deed 

In that deed the legal heirs of C will have to join as confirming parties 

If you cannot trace them then you will have to file a suit against the unknown legal heirs of A and C and obtain a court decree 

Who advised you when you purchased the flat from Vinod ? He didn't have any title and so he could not pass any title on you 

You can also issue a public notice in newspapers calling for objections and also make an indemnity in favour of the bank 

However your bank should agree 

If it doesn't then find another lender 


Yusuf Rampurawala
Advocate, Mumbai
7303 Answers
79 Consultations

5.0 on 5.0

They can’t ask you the same as you have complied with the legal requirements 

Prashant Nayak
Advocate, Mumbai
30725 Answers
154 Consultations

4.1 on 5.0

Dear client,  

Understanding the legal requirements: Request clarification from the bankers about their specific concerns and the legal basis for their insistence on registering the 2nd sale. Gain a clear understanding of their requirements to better formulate your argument or seek alternative solutions.

Review the applicable laws: Research and review the relevant property laws and regulations in your jurisdiction. Understand the legal implications of not registering the 2nd sale and any potential consequences it may have on the validity of subsequent transactions.

Obtain legal opinion: Seek the advice of a qualified lawyer who specializes in property law. Share all the relevant details and documents related to the property, including the agreements and any correspondence regarding the non-registration of the 2nd sale. The lawyer can evaluate the situation based on the specific laws in your jurisdiction and provide you with a legal opinion on the matter.

Validate the chain of ownership: Verify and document the chain of ownership from the 1st sale to your purchase. Collect all available legal documents, such as sale agreements, registration papers, and payment receipts, to establish a clear and consistent transfer of ownership.

Consider alternative solutions: If registering the 2nd sale is not possible due to the death of the parties involved, discuss with your lawyer and the bankers potential alternative solutions to satisfy their requirements. This may include providing additional legal documentation, indemnity bonds, or obtaining a court order or clearance declaring the validity of the subsequent transactions.

Negotiate with the bankers: Engage in open communication with the bankers and present your case supported by legal opinions and relevant documentation. Explain the circumstances surrounding the non-registration of the 2nd sale and emphasize that all necessary stamp duty and penalties were paid during the 3rd sale. Explore options for resolving the issue that are mutually acceptable to both parties.

Anik Miu
Advocate, Bangalore
7720 Answers
88 Consultations

5.0 on 5.0

- As per law, only a registered owner of the property can transfer /sell the property 

- If the 2nd sell is not registered , then he was not having any right to transfer the property to the purchaser

- Further, if he had paid the stamp duty for the execution of the document , then it showing that the registration was taking place in his name, hence you can enquire from the office of the registrar for getting the same. 

- Further, if no registration was taking place in his name , then you can take a registered confirmation deed from his legal heirs , however there no chances to accept by the bank due to defective title deed . 

Mohammed Shahzad
Advocate, Delhi
12115 Answers
169 Consultations

5.0 on 5.0

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