Agreement of sale executed in 2002 for which stamp duty has been paid but not registered
PDS
(Querist) 24 July 2016
This query is : Resolved
Hi,
My dad purchased an apartment in 2002 via an agreement for sale for which stamp duty was paid. However, due to death of my dad who executed the agreement, the registration was not done and this was realised only recently when the documents were being validated since we were looking to sell this apartment. Is there any way that we can now register this without involvement of the seller?
Is there any possibility of executing a deed of confirmation or likewise which will enable me to sell this apt? Looking towards a solution on this and seller involvement is not possible since they are not reachable.
Kumar Doab
(Expert) 24 July 2016
If the title of ownership was transferred in the name of your father, submit the death certificate and other requisite docs as per authority under whose jurisdiction property falls to record the inheritance in the name of all legal heirs.
PDS
(Querist) 24 July 2016
Are we saying that the sale can be done without registering the agreement for sale which was done when my dad purchased the apartment in 2002. When i sell this apartment, how willthe buyer then register this when the previous registration was not done in 2002?
Kumar Doab
(Expert) 24 July 2016
"If the title of ownership was transferred in the name of your father..........."
PDS
(Querist) 24 July 2016
Yes, the agreement for sale transferred title on my dads name, post which stamp duty was paid. However registration was not done due to my dads demise. Is there any way you can help me on this sir?
kavksatyanarayana
(Expert) 24 July 2016
Author, as per your query the sale agreement is not registered though full stamp duty paid. hence it is not possible to sell the property to the legal heirs of your father. Is there any time limit in that agreement for registration? show the document to an able lawyer of your area.
Kumar Doab
(Expert) 25 July 2016
'Yes, the agreement for sale transferred title on my dads name'..............
Agreement to sell does not confer ownership.
There seems to be some confusion at your end.
You may show all docs on record to a very able counsel specializing in revenue/property/civil matters at your location for a considered opinion.
Post death of your father the seller can agree to register in the name of legal heirs/successors.
Guest
(Expert) 25 July 2016
Lot of case study was done in such cases for Maharashtra, How Govt. introduced schemes etc. and how they stop. etc. This I did few months back.
1) If in Maharashtra please tell me .
2) Whether you directly purchased from builder or there is some chain agreement ?
------------ In short this problem was handled legally at different time as per different provision .
From 2011 - Due to some legal complexity they have stop registration where people are dead , not available etc. So in that case they have given some notification about validity of documents etc.
So if you are from Maharashtra please message me your email address I will send you details .
Please note myself busy so may take time
Guest
(Expert) 25 July 2016
Additionally kindly clarify Apartment , because general usage and specific legal word have different meaning.
Means if Maharashtra Apartment act is different act.
PDS
(Querist) 25 July 2016
Yes, i am from Maharashtra
This was an indirect sale ie not from the builder.
All previous registrations were done, just that this deal between my dad and the seller which was in 2002 was not registered.
Stamp duty has been paid though.
PDS
(Querist) 25 July 2016
Yes, this is an apartment / flat in a building in mumbai maharashtra
P. Venu
(Expert) 25 July 2016
"stamp duty was paid" - to whom? Is there any receipt?
Guest
(Expert) 25 July 2016
my doubt is clear , this is flat , Registration not done , stamp duty paid.
Actually there was solution till 2011 , and some people due to some reason never did it.
Although stamp duty is more , registration fee is less .
And some public had notion they will solve the problem latter , as Act got amended , Govt. had to stop scheme of registration etc. and this all agreement left un-registered.
To clarify the status they issued one notification which I downloaded from website of IGR long back I will forward it to you on your email address.
PDS
(Querist) 26 July 2016
Stamp duty was paid to stamp duty office in Mumbai and yes a receipt too was given
adv.bharat @ PUNE
(Expert) 29 July 2016
Without registration of property u can't sell it.
