• Sale deed in not registered after 18 years

I purchased the property in 1998 in Navi Mumbai. The agreement of sale was duly registered after paying appropriate stamp duty and registration fee. The full payment was made to seller and the receipt was obtained from him. The flat possession was taken in 1998. The flat is in possession with me since then. However sale deed was not registered as it was omitted out of ignorance that time. I do not know where about the seller of the property now. I have power of attorney on my name prepared in 1998 for sale deed registration purpose but it is not notarised. What action should I take?
Asked 9 months ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) power of attorney for execution of sale deed has to be registered 

2) sub registrar office would not register sale deed of it is not regd.

3) is the seller still alive ?

4) contact him and request him to execute sake deed in your favour 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
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1. Now it is too late. Anyway forst clarify whether the seller is a private individual or a builder.
2.if it is builder then you can file for registration of sale deed on consumer forum.
3.if it is private individual then file civil suit for specific performance of contract.
4. In either of the cases do mention a date in the last 3 years when you asked for registration of sale deed but got no positive answer from the seller.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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Without execution of sale deed in your favour you are a trespasser in the flat. If the seller is not traceable then his legal heirs should be issued a legal notice to execute the sale deed in your favour. If they refuse to register the sale deed then a lawsuit for specific performance may be filed against them.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Hi, as per law there is no valid transfer at all, it requires registration.

2. However in order to over come the lacuna now on the basis of the general power of attorney you can sold the same to the your wife so that the property will transfer validly to you.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
With out a registered sale deed you have not obtain absolute marketable title over the flat.So find out the original owner of the flat and try to register the document in favour of you. If he is not alive then his legal heirs has power to register the same. 

In case you can't trace out the same file a declaration suit before the civil court as declared as you are the absolute owner of the flat .Make the original become the party array . And also follow court procedure. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
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1) you will have to pay stamp duty and registration charges at time of registration of sake deed as per current market value of flat as per ready reckoner rates 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
Stamp duty was paid only for registration of agreement and not sale deed, so it has to be paid now if you register the sale deed. It will be on current value.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
You have to pay the stamp duty for registration with Registration fee.Most probably at the time register the agreement for sale levied only agreement fee. So Now pay stamp duty and registration fee as per current market value of flat 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
You have to locate the vendor and get your sale deed registered, you cannot do anything with an unregistered GPA on your name.
For avoiding stamp duty on sale deed you have made an unregistered GPA whereas to your sorrow the unregistered GPA has no validity and registration of transfer of property cannot be made with the help of an unregistered document. 
If you have proof of settlement of full amount of sale consideration you may file a declaration suit to declare your title to the property on the basis of the registered sale agreement pleading that the whereabouts of the vendor is not known hence the title to the properties may be declared on your name which can be registered later on to get a title document in your favor. 
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
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 have to register the sale deed now. Do I have to pay stamp duty and registration fee again because I paid appropriate stamp duty and registration fee at the time of registration of agreement of sale. If Yes. will this be on current market value of the fla

The stamp duty paid earlier was for the sale agreement and not for the sale agreement. But if you are to register the property in your name you have to stamp duty but can be paid the same after deducting the earlier paid amount , the stamp duty is to b paid on the current value since the registration of sale deed is being done as on the date.
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0

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