Sale deed - regarding

perumal (Querist) 30 January 2016 This query is : Resolved
Ten years back I bought some extent of land by way of unregistered sale deed from Mahadevan and his legal heirs while alive. The entire extent of land is now under the enjoyment and occupation of mine. I have erected buildings and enjoyed without any interruption of anybody. Mahadevan and one of his legal heirs of sale deed executants have expired. Now I wish to transfer the title name in my name in Governments Accounts. The authorities empowered to change title deed has refused to make changes in the title because of the unregistered sale deed. I wish to get your instrctions on the following points.
1.For making change of title in the Government Accounts of land, is registration of sale deed compulsory.
2.If so what is the procedure to register this sale deed today without the approval / signatures of erstwhile executants.
3.The remaining executes or their legal heirs have got any legal right over this property only for the reason that the sale deed had not been registered in future.
4.The erstwhile executes have not objected this in anyway.
5.Whether there is any other remedy for this.

Thanking you, sir.

Perumal.M

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kavksatyanarayana (Expert) 30 January 2016
As the property bought by you through unregistered sale deed. Hence you have to get the property through the register sale deed. for this purpose, if any of the executant died, his/her heirs can now execute the sale deed mentioning that their father/fore fathers sold the land but not register the same, now executing the sale as their heirs. the stamp duty shall be paid as on date of execution of sale deed.after getting the registered sale deed, you can apply for mutation.

Rajendra K Goyal (Expert) 31 January 2016
1.For making change of title in the Government Accounts of land, is registration of sale deed compulsory.

___ Registration of sale deed of immovable property is compulsory for change of title and otherwise also for all purpose.

2.If so what is the procedure to register this sale deed today without the approval / signatures of erstwhile executants.

___ Get the sale deed registered as on date, from the seller / legal heirs.

3.The remaining executes or their legal heirs have got any legal right over this property only for the reason that the sale deed had not been registered in future.

___ Legally they continue to be owner of the property, which may be occupied by you.

4.The erstwhile executes have not objected this in anyway.

__ Legal position does not change.

5.Whether there is any other remedy for this.

__ Discuss with your lawyer.