unregistered sale deed
Rituraj kalita
(Querist) 19 July 2010
This query is : Resolved
i have a unregistered sale deed of immovable property(on 10 rupee stamp paper) self hand writen and signed by the seller himself on 2/7/2003 ,which states that the seller received the entire amount(amount was not mentioned specificaly) from the purchaser and conveys the owner ship to the purchaser,but in the said deed there were no singature of any witnesses, the purchaser had been trying his best to get it registered in his name ever since but the still now the seller is showing relactunance, now (in the year 2010)i t seems that the seller is not interested, please tell me how the can the purchaser get respite legaly?
S. Bharath
(Expert) 19 July 2010
I am of the view that the facts that you have stated are out of the four corners of law and you may not get a legal remedy. May be if you have the possession of the property, then the seller has a greater headache than you, so you may simply lie low.
V.T.Venkataram
(Expert) 20 July 2010
Section 17 of the Registration Act, 1908 describes the various categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered:
Instruments of gift of immovable property.
lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.
Under Section 2(6) of the Act, the term "immovable property" includes: "land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not standing timber, growing crops nor grass."
Hence the non registration of the document is not legally in favour of the purchaser.
barun deka
(Expert) 21 July 2010
it is not a valid sale as yet.... but if you somehow acquire possession of the land/property, you may be protected by s.53A of the T.P. Act i.e part performance of contract..... look up
