• Flat agreement not registered

I have purchased a flat in a co operative Hsg Society in Pune, Maharashtra for Rs 2.9 lakhs in June 1992. I had done this agreement on Rs 10 stamp paper & notorised it at that time. But I never registered this agreement from registrar. In September 1995, I have paid stamp Duty of Rs 5000 alongwith Penalty of Rs 250 but not registered document at that time also. Society had accepted my notorized sale deed at that time & transferred share certificate in my name. I had paid property tax regularly from 1992 which is also in my name. Electricity meter is also in my name. Now for convenience deed society requires Index 2. As I had not registered agreement, How can I get Index 2 ? Also the person from whom I bought flat is not available now, then how can I register this agreement now ? Please suggest me what is the solution.
Asked 10 months ago in Property Law
Religion: Hindu

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6 Answers

You need to get the sale deed registered without which you don't have clear and marketable title to the property though you have other documents to prove your possession and enjoyment.

You first issue a legal notice to the seller to his last known address and get the registered post notice returned undelivered.

After that you can file a suit for declaration of title and for execution of registered sale deed through court on the basis of documentary evidences held in your support.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

It’s mandatory to do the same you can also register it belated by paying penalty 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Deed of confirmation has to be executed by seller and duly registered 

 

if seller is not available then it cannot be registered 

 

you can file declaratory suit that you are absolute owner of flat 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Since your agreement is not registered, Index II is not available. To resolve this, you must file a deed of confirmation or declaratory suit in civil court, confirming ownership based on possession, society records, tax receipts, and payment proof. Without the original seller, registration now isn't possible unless the court orders it. 

Shubham Goyal
Advocate, Delhi
2155 Answers
17 Consultations

Dear Client

  1. Registration Not Possible Without Seller: As the contract was not registered and the original seller cannot be traced, you cannot register the older contract at present or get Index II since registration is only possible with the presence or legal representation of the seller.
  2. File for Adjudication & Seek Regularization: You may file an application before the Sub-Registrar or Collector of Stamps for adjudication of your case under the Maharashtra Stamp Act, requesting permission for late registration or a declaratory order on the grounds of continuous possession, payment of stamp duty, and recognition by society.
  3. Alternative Legal Route – Declaratory Suit: If adjudication is not feasible, go to a civil court and file a declaratory suit under Section 34 of the Specific Relief Act to declare your ownership; court's decree can facilitate mutation and other legal formalities including Index II.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Dear Sir/Madam,

When the person is not available and also not possible to register the said agreement as of now. In these circumstances, you may go for a civil suit of declaration the same making the society as a defendant. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

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