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Registration not done-15 years old agreement

(Querist) 23 April 2009 This query is : Resolved 
Dear Experts,

I have a flat in Virar boughtduring 94-95.Agreement was stamped but not registered. During that time I was told registration was not required if the earlier agreement is registered. I have HDFC loan also on this house.

Now even if I want to do it the seller is not available.

I have 3 querries :

1).What would be the consequences if registration not done

2).how can I get it registered now without original seller?

3).Is registration compulsory for getting conveyance of the society?

Thanks & regards
sanjay singh thakur (Expert) 23 April 2009
Dear Bhat
It is for your kind information that you better consult local Lawyer who can guide you on the issue. However, usually in every state there exist a provision to the effect of Unilateral registration and if the same is available in your town than you can easily get it registered. Moreover registration of your flat is compulsory as per provision of Registration Act, 1908.
Y V Vishweshwar Rao (Expert) 24 April 2009
1- You Will not be having Title under A Regd Deed

2-Your Document is Sale agreemtn only - if Your Vendor is also having only sale agreement - then get a Regd Sale Deed from Your Vendor's-Vendor

3- Hopwever it is required to take Help of Your local Advocate - subject to your Area local Laws !

With Regds !
sanjeev murthy desai (Expert) 24 April 2009
Dear R. V. Bhat,

Sale Agreement cannot be confirm the any title of that property. You have to purchase that property under sale deed from the Vendor.

In my opion you should have legal opnoin in respect of that property, it is better way to know your property.

sanjeev desai
Kiran Kumar (Expert) 24 April 2009
to confirm the title the agreement should have been registered with in a period of 4 months as per the registration act....as far as local rules are concerned in this context pls consult some local counsel.
rvbhat (Querist) 27 April 2009

All Experts,

Thanks alot to all advices received. I am at Virar,Thane DIst,Mumbai.

I will consult local advocate at the earliest.

I wonder how HDFC has also not insisted durign loan processing? I have all original agreements including the agreemnt of seller with the Developer 9registered) and mine with the seller (who is not availiable now).

Thanks again for all valuable advices. Welcome for more advices

Thanks
Bhat
9820369152


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