Buying non registered flat

amarpal (Querist) 27 May 2012 This query is : Resolved
In Pune in 1996 the current owner of the flat had bought it from the first owner who had also not got it registered,He paid the stamp duty but did not get the registration done.Is it possible for him to sell it without registration.Some advice it is possible under Sec4A.
Please advice the correct procedure

Thanks

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Nadeem Qureshi (Expert) 27 May 2012
under section 4A of which act?

Rajeev Kumar (Expert) 27 May 2012
Your query is vague. Please mention under which act of section 4A.

amarpal (Querist) 28 May 2012
A flat was purchased from the developer but not registered by the first owner.The second owner paid the stamp duty in 1996 but did not get it registered.Now for selling the flat is registration compulsory by the second owner.
Some say it is possible to sell without registration under Sec4A OF Maharashtra Ownership flats (Regulation of the promotion of construction,sale,management&transfer) act 1963.
Please advice correct procedure
Thanks
Amarpal

ajay sethi (Expert) 28 May 2012
registration of agreement was a must . when flat is purchased from builder agreement has to be stamped and regsitered

however in case of resale of flat regsitration is not compulsory

S Jadhav 98336 98330 (Expert) 29 May 2012
A person cannot become owner of an immovable property by an unregistered deed. If he cannot become an owner he cannot sell that property as he has no right to sell something he does not own.

However, in the matter of immovable property, one may occupy the property and claim that you have become owner through other means. The title is unclear to that extent and the future buyer will consider this while negotiations ( even you may negotiate.). The society will have an issue if permits shares to be transferred to persons who have not paid stamp duty and registered their ownership documents.

So please do the needful to improve your title if you are thinking of purchasing the property.

S Jadhav

S Jadhav 98336 98330 (Expert) 29 May 2012
Reply was not completed earlier.

Since stamp duty was paid you can go ahead and register the document with delay penalty if it is possible to get the original seller and the other in the chain. It would help you in the long run.

However, it may not be possible if the seller is not traceable. In that case you can go ahead and register the new document. As time passes the title will improve.

S Jadhav