Loss of unregistered agreement for sale
kajaljaiswal
(Querist) 05 August 2017
This query is : Resolved
One of my friends is the owner of a flat in Maharashtra, but he does not possess a registered agreement for sale. The agreement for sale executed between him and the vendor in unregistered. However, he has lost the said agreement for sale. But he has all the proofs to show that he is in possession of the said flat, such as the electricity bills, property tax, bank passbook, adhaar card, etc. in which the address of the said flat is mentioned. Now my friend is apprehensive that because the said unregistered agreement for sale is lost, he might have some problems arising in the near future.So can he file a declaratory suit in the court for getting himself declared the owner of the said flat?
P. Venu
(Expert) 06 August 2017
As he already in possession, he can insist on getting the conveyance registered. An unregistered sale deed is of no probative value.
Ms.Usha Kapoor
(Expert) 06 August 2017
Since you've electricity bills. property tax bills, bank pass book and Aadhar card armed with these evidence if you 've xerox copy of agreement of sale you've proved that by virtue of your possession you've become owner. Also get the conveyance registered as unregistered sale agreement has no value in the eye of law.
Ms.Usha Kapoor
(Expert) 06 August 2017
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Rajendra K Goyal
(Expert) 06 August 2017
He should approach the vender and try to get registered sale deed executed
In absence of proper title documents, he can not be termed as owner. .
Dr J C Vashista
(Expert) 07 August 2017
What is the need/requirement for procuring subject document of unregistered "agreement to sale" at this stage? The veracity of the document is over and out in the given circumstances.
I agree with the expert opinion and advise of Mr. P Venu and Mr. Rajendra K Goyal, he should (if not yet) get Sale/Conveyance Deed executed and registered.
