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Purchase deed by " notary"

(Querist) 04 April 2014 This query is : Resolved 
Dear Sir/ Madam,
X is a person who going to purchase a particular house which is owned by Y.
The transfer of house currently was not allowed for specific period in such a case the purchase deed can make by the "NOTARY".

Please suggest for which type of document is should be prepared for the purchase of House.

Is "NOTARY" can provides valid document for purchase of house for future circumstances.

And also please suggest the Validity of a "NOTARY"

Thanks & Regards
Vyankatesh Tadgopul (Querist) 04 April 2014

Dear Sir/ Madam,
X is a person who going to purchase a particular house which is owned by Y.
The transfer of house currently was not allowed for specific period in such a case the purchase deed can make by the "NOTARY".

Please suggest for which type of document is should be prepared for the purchase of House.

Is "NOTARY" can provides valid document for purchase of house for future circumstances.

And also please suggest the Validity of a "NOTARY"

Thanks & Regards
Advocate M.Bhadra (Expert) 04 April 2014
A Deed attested by the Notary is void in terms of transfer of property.

A sale deed is governed by the Transfer of Property Act and the Registration Act, 1908 and is an important document for both the buyer or the transferee and the seller or the transferor. A sale deed acts as an essential document for the further sale of the property by the purchaser as it establishes the proof of ownership of property.
According to Section: 17 of "The Registration Act, 1908", the registration of a tangible immovable property is compulsory if the value of the respective property exceeds rupees 100/- and it is the registration of the property which makes the sale valid.
Devajyoti Barman (Expert) 05 April 2014
By way of Notary no property can be completely transferred. You may though execute an agreement for sale.
Vyankatesh Tadgopul (Querist) 05 April 2014
If The "SALE DEED " is prepared the property can treated as a Valid Transfer as per the
"Transfer of Property Act" & "Registration Act, 1908" even though there is tranfer of such property was not allowed for specific period.

Such house Was issued by the "GPM Vidi Kaamgar Griha Nirmaan Sanstha"

Please Suggest
I hope you will provide me a best suggetion..

Thanks & Regards...
Rajendra K Goyal (Expert) 05 April 2014
Attestation from a notary can not make a document valid if it can not be executed normally.

For transfer of property, attestation from notary is not valid, registration has to be done as per procedure.
T. Kalaiselvan, Advocate (Expert) 06 April 2014
If there is no possibility to register the sale deed now, it is better to avoid purchase of property now or postpone/defer the purchase to a later date when it becomes eligible to be purchased, instead of wasting time, energy and money on useless transactions namely a notarized sale deed, this will create problems in the future.
ajay sethi (Expert) 06 April 2014
avoid purchase of property .


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