Registeration of property within laal lakhir in punjab
Gurdev Singh Grewal
(Querist) 02 September 2014
This query is : Resolved
Sir/Madam,
In Punjab, sale of land holdings bearing khasra numbers are registered, and those within the laal lakhir (or laal dora) which is residential area of a village, it is not registered, and sale deed is executed between the parties on a non-judicial stamp paper and notarized.
Above is the general practice and procedure prevalent since long. A notarized sale deed was sent to an Australian University recently, and they want to know under what Act/Rule, sale of property within laal lakhir of a Punjab village is not required to be registered.
Please advise. Thanks and regards
Gurdev Singh Grewal
9779509107
M V Gupta
(Expert) 03 September 2014
The practice of not registering the sale deed is in contravention of Sec 54 of Transfer of Property Act according to which sale of immovable property of Rs.100 or more can be made only by a registered instrument. Unless this provision is amended by your State u are bound by it. U do not become legal owner by a notarized sale deed.I do not think ur State has amended the above provision. Pl check from ur local advocate.
sanjay Upadhyay
(Expert) 03 September 2014
The practice of execution of sale deed between the parties on a non-judicial stamp paper and notarized not registering the sale deed is in contravention of Sec 54 of Transfer of Property Act according to which sale of immovable property of Rs.100 or more can be made only by a registered instrument. and also more over I am in agreement with my brother colleague Mr M.V Gupta and further more as per Registration Act, 1908 also confers compulsory Registration of any Immmovable Property and in this Regard Hon"ble Supreme Court in SPECIAL LEAVE PETITION (C) NO.13917 OF 2009 Suraj Lamp & Industries Pvt. Ltd. …..Petitioner
Vs.
State of Haryana & Anr. ….Respondents have clearly stated and issued notice Delhi , Punjab ,Haryana and Utter Pradesh to file their say to overcome this issues which causes loss of revenue to government hence unless documents are registered it can not be said to be proper documents. with regard to your querry on Act/Rule there is no such rule therefore kindly get the documents register after paying proper stamp duty on the documents.
Gurdev Singh Grewal
(Querist) 03 September 2014
Thanks a lot Mr. Gupta and Mr. Upadhyay. But the problem is that land within the laal lakhir does not carry any khasra numbers; only land outside laal lakhir carries khasra numbers, and for registration, khasra numbers are needed. Without khasra numbers, a particular property can't be demarcated.
So without khasra numbers, how anybody, in particular the buyer, will identify the property he is paying and buying.
Rajendra K Goyal
(Expert) 03 September 2014
It is demarcated / identified by the sign / name of the surrounding property or owner of the property.
Agree with the advise of the expert.
M V Gupta
(Expert) 03 September 2014
I agree that he SC has struck down the practice of selling the properties under POA and with out proper sale deed being executed and registered vide the case sited by our expert. Pl explain the meaning of "land within laal Lakhir". Does it mean waste land belonging to the Govt?
