• Property not registered but paid Stamp Duty 22 years back

We are interested in a Flat from the Second Owner... He has paid Stamp Duty but the Sale Agreement not registered.... even the First Owner didn't registered it.... This is redevelopment Flat... Now please suggest what is the solution for it... also need to know is any Liability in future if the Original sale Agreement not registered... if so then what will be the Liability..
Asked 4 months ago in Property Law from Mumbai Malad, Maharashtra
Religion: Hindu
1) Agreement between builder and first owner is required to be duy stamped and regsitered 

2) document which is not stamped and registered does not confer clear and marketable title to property 

3) deed of confirmation has to be executed by builder in favour of first purchaser

4) agreement between builder and purchaser has to be attached to deed of confirmation 

5) no bank will grant you any loan if agreement is not registered 

Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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deed of confirmation has to be executed by the builder that he has sold the flat to the first purchaser
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
the agreement between builder and first owner is not stamped and registered . 

2) hence deed of confirmation is necessary 

3) title to property is not clear and marketable 

4) the document can be impounded for enforcing payment of full stamp value as due as per the Act.

In case any document which requires stamp duty is under-stamped, it can be rectified later. In order to rectify the defect, the person has to pay a penalty, which may be up to 10 times of the original amount.
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. Title of  property does not exist in absence of registering the title deed,

2. In your case the stamp duty was paid but the sale deed was not registered by the 2nd owner,

3. Understand the 1st owner also did not register his title deed in absence of which he can not register the sale deed to the 2nd owner. This is the reason for which the 2nd owner could not register the sale deed,

4. First find out in whose name the said flat stands in the Registry office,

5. The person from whom you are buying the said flat should be shown as the title holder/owner of the said flat in the registration office,

6. Unless the above condition is fulfilled, you will not get title of the flat if you pay its consideration to the 2nd owner.  
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. The 1st owner might have left jis legal heirs and the said legal heirs should get the flat registered in their names first,

2. After that they should register the sale deed in favour of the 2nd owner for which the stamp duty has already been paid. Additional Stamp Duty at present rate of the property shall have to be paid by the 2nd owner alongwith the registration fees,

3. After that only you should get the sale deed executed by the 2nd owner registered in your favour wherein you shall have to pay the stamp duty and also the registration fee.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. Agreement for sale does not convey title of a property, registered sale deed does,

2. So, the 1st owner himself is not the legal owner of the flat since no sale deed has been registered in his favour,

3. The person in whose name the land or the flat stands registered in the registration office or his legal heirs can claim ownership of the said flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
The registration of an agreement to sale is not mandatory. It may even be unregistered. The title passes through the sale deed and not an agreement to sale. There may not be an agreement to sell at all as the seller and buyer can agree to a direct sale.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
I repeat the title of the property is not vitiated due to the absence of registration of the agreement to sell. The inquiry as to the marketability of the trial has to be conducted independently of the non-registration of the agreement to sell.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
This is redevelopment Flat... Now please suggest what is the solution for it... also need to know is any Liability in future if the Original sale Agreement not registered... if so then what will be the Liability..



If the original sale agreement was not registered, at least the sale deed was registered or not?

If here is no registered title deed then what is the use of buying the property who is not an authorised vendor nor having any rights over the property?
 

In the re-development, the developer would have certainly entered into a registered agreement with all the owners, do yo have the copy of it?

Will the vendor execute a registered deed of confirmation in you name by getting done on his name by the previous vendor to him since the stamp duty for sale has already been paid by the first vendor.


Take a proper legal opinion from an expert lawyer before venturing into the purchase of this property
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
we have agreement between Builder to first owner .... still we need to do deed of confirmation ? can you also suggest in such case is may any Liability from Govt in future for that... and can anybody claim on this flat ? and is any documents require when we resale or give it to builder for re-develop?

Until the seller is not producing any proper document to prove his title it cannot be ascertained that he own he property absolutely.

Mere guesses cannot help youto secure the property and protect the same from any litigation in future.

Better To have a proper legal opinion before buying it.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
The only solution is all the legal heirs of first owner and second owner have to jointly execute a title deed in favor to getting perfect title in your favour,  
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0

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