My father purchased a resale apartment 30 yrs back in Pune with sale agreement on stamp paper mentioning the total paid amount along with sellers and witnesses signatures and possession letter. But the resale was not registered. Later on stamp duty was paid and the agreement including payment page has stamp from stamp department. We have society share certificate on our name, utility bills and maintenance. It is difficult to get in touch with the seller or his legal heir as none of them are available. What is the procedure now to get apartment registered and how much time will it take. Since the stamp duty was paid, do we need to pay it again with penalty?
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Registration can be done if same deed only within maximum period of 4 months .you cannot register sale deed after 30 years
deed of confirmation can be executed by seller
3) if seller is not traceable file declaratory suit that you are absolute owner of flat
Dear client,
Given your situation, here are the steps you can take to get the apartment registered in Pune:
Steps to Register the Apartment
Estimated Time
Thank you. Should you require any further clarification, please do not hesitate to contact us.
It appears that only sale agreement was entered between the seller and the buyer around 30 years ago.
The stamp duty was towards the sale agreement alone and not for sale deed.
Now the buyer has to locate the seller by sending a legal notice by registered post, if it is returned undelivered for want of proper address then he can approach court with a suit for specific performance of contract on the basis of the registered sale agreement, if the court is passing an exparte judgment then the buyer can file an execution petition to execute court order to get the sale deed registered in his favor by the court executing the sale deed on behalf of the vendor.
Unless the original seller or his legal heir's in the event of his death are made available, you can not get the deed registered.
Since the apartment is in possession for over 30 yrs will adverse possession help here. What would be the easiest and quickest way to register the property now given that seller or his legal heirs are untraceable.
you cannot take the plea that you are owner and at same time claim adverse possession
best option is to file declaratory suit as advised herein above
Sale agreement and sale deed both are different. Will get waiver of the duty already paid. Apply for registration of sale deed and when denied for presence of seller, obtain order from court for registration of sale deed.
What are the chances of declaratory suit getting approved in this case and how much time does the whole process usually take ?
Litigation is long drawn process
you have proof of payment made to seller and agreement for sale entered into with seller
you should get reliefs
declaratory suit - bad idea
Dear Client,
The quickest way might involve filing an affidavit detailing the circumstances and issuing a public notice in local newspapers. If no objections are raised, you can approach the sub-registrar for registration, especially since you have paid stamp duty. If the legal heirs of the seller are indeed untraceable and no objections arise from the public notice, you may pursue registration based on the original documents and the affidavit.
The chances of a declaratory suit being approved are relatively high if you have clear, uninterrupted possession and all supporting documents. The declaratory suit could take anywhere from 1 to 3 years, depending on the specifics of your case and the court's schedule. However, once the suit is decided in your favor, it will provide you with a clear legal title. Filing a declaratory suit might be the most legally secure way to proceed, despite the time it may take. You can also try the affidavit and public notice route for a quicker resolution, but this may not be as legally robust as a court decree. Engaging a property lawyer will be crucial in navigating this process efficiently.
Residing in the apartment for period of 30 years will not automatically perfect the title by adverse possession.
You have to prove before court that how did you come into possession and how it is adverse to the owner. and what steps you have taken to obtain registered title to your name are to be mentioned and pleaded properly in the suit for declaration seeking to declare your title to the property on the basis of law of adverse possession.
The suit for declaration is another regular suit and it may take years to get disposed and the judgment in your favor cannot be predicted.
However you can establish your grounds on the basis of substantial documentary evidences that you rely upon.
the sale agreement cannot be registered now since the statutory time period for registering it has expired
since a sale deed was not registered, whenever it is made, full stamp duty as per then market value minus the duty paid on the sale agreement will be applicable
since the sellers are not traceable you will have to file a suit against them or their unknown heirs
i do not even know how will you explain the delay in that suit
however since the suit will usually go uncontested, you may get an ex-parte judgment
the court may require you to publish public notice in newspapers before it delivers the final judgment. the public notice would be for the purpose of the sellers or their heirs to come forward for execution and registration of sale deed
you also need to mention in your suit that at no point of time did the sellers ever refuse to complete the final sale formalities by signing and registration of sale deed...it will be quite tricky how you will convince the court on the delay aspect
adverse possession cannot be claimed since you are not a rank trespasser in the property but had entered the flat pursuant to the sale agreement with the seller
it is not possible to give timeline as to when you the suit will get finally decided. I can say 10 days also...will you then held onto me for my word?!
the sale agreement cannot be registered now since the statutory time period for registering it has expired
since a sale deed was not registered, whenever it is made, full stamp duty as per then market value minus the duty paid on the sale agreement will be applicable
since the sellers are not traceable you will have to file a suit against them or their unknown heirs
i do not even know how will you explain the delay in that suit
however since the suit will usually go uncontested, you may get an ex-parte judgment
the court may require you to publish public notice in newspapers before it delivers the final judgment. the public notice would be for the purpose of the sellers or their heirs to come forward for execution and registration of sale deed
you also need to mention in your suit that at no point of time did the sellers ever refuse to complete the final sale formalities by signing and registration of sale deed...it will be quite tricky how you will convince the court on the delay aspect
adverse possession cannot be claimed since you are not a rank trespasser in the property but had entered the flat pursuant to the sale agreement with the seller
it is not possible to give timeline as to when you the suit will get finally decided. I can say 10 days also...will you then held onto me for my word?!
the sale agreement cannot be registered now since the statutory time period for registering it has expired
since a sale deed was not registered, whenever it is made, full stamp duty as per then market value minus the duty paid on the sale agreement will be applicable
since the sellers are not traceable you will have to file a suit against them or their unknown heirs
i do not even know how will you explain the delay in that suit
however since the suit will usually go uncontested, you may get an ex-parte judgment
the court may require you to publish public notice in newspapers before it delivers the final judgment. the public notice would be for the purpose of the sellers or their heirs to come forward for execution and registration of sale deed
you also need to mention in your suit that at no point of time did the sellers ever refuse to complete the final sale formalities by signing and registration of sale deed...it will be quite tricky how you will convince the court on the delay aspect
adverse possession cannot be claimed since you are not a rank trespasser in the property but had entered the flat pursuant to the sale agreement with the seller
it is not possible to give timeline as to when you the suit will get finally decided. I can say 10 days also...will you then held onto me for my word?!