House registry not done; owner no more
My parents bought a house 23 years back from Mr. Jagdish. They have the sale deed in place, but did not get registry done. The house was in the name of Mr. Jagdish's mother, who is no more now. We have got govt. notice asking us to get registry done. So for doing it now we will have to take clearance from her 10 daughters and 1 son. We are not too sure about whether they will give the clearance or not. What should we do?
Thanks in advance!
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) Section 54 of TP Act defines sale as transfer of ownership in exchange for a price paid or promised, or part paid or part promised. If the value of the property is Rs. 100 and upwards, sale shall have to be effected only by a registered instrument.
2) in case seller had refused to register sale deed you ought to have filed suit for specific performance within period of 3 years .
3) admittedly for period of 23 years you have not taken any legal proceedings against the seller
4) you should approach the legal heirs for execution of sale deed for registration of the house in your name .
Dear Sir/Madam, it is very difficulty to get registered the sale deed now, if the said legal heirs of original vendor have given consent in this regard, you have to bear 10 times stamp duty on the sale deed. You have better to go fresh sale deed from the said original vendor's legal heirs... otherwise you have to file civil suit against them for declaration of perfect title through adverse possession... if you want more advice in this regard I will do it.
Your parents(if alive) or their legal heirs ,i.e children can execute a Deed of Declaration in the jurisdictional Sub Registrar's Office before getting the sale deed registered in their favour. No need to contact Mr.Jagadeesh's family.
when consideration of the property arised out of sale has consumed by the owner and he is no more life to execute it so according to section 52 of transfer of property act his Legal heir is bound to execute it. heirs have no right to challenge it if you are a bonfide purchaser. file a suit under section 52
You can file a suit of declaratory title by virtue of adverse possession of property for the last 23 years.
Hopefully you have electricity bills etc to support your adverse possession claim.
Pay them some more money and convince them and get the registration done. If they do not agree for the same, there is only one option that you can recovery money (the price you paid) along with interest and legal expenses.
Having a sale deed, which is not registered, is akin to possessing trash. A sale deed requires mandatory registration for the title to convey to the buyer. So trace out the legal heirs of the seller and sue them to register the sale deed in favour of the buyer.
If the registration of sale deed was not done so far, you may have to locate the vendor and demand from him to to execute the same and get it registered in your favor at your expenses. Now since the vendor is reported to have died, you may have to issue notice to the legal heirs of vendors to execute the sale deed and get it registered on your name. If they do not turn up or if they refuse, you may file a suit ude specific reliefs act by impleading all of them as defendants and can seek the relief of registration of the sale deed in your favor and for the costs.