kishore patel (PROP) 06 February 2011

REGISTRATION OF IMMOVABLE PROPERTY

a deed of indenture was made in 1979. purpotedly placed for registration in 1979. seller died in 1985. got registered in 2005 by the registar by adding requisite papers. can a pending registration be completed after period of 25 years? can the registration be challanged?

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2 Replies

m.arunprakaash (advocate) 07 February 2011

THERE IS NO PROVISION FOR PENDING REGISTRATION UNDER THE REGISTRATION ACT 1908.

THIS ISSUE CAN BE CHALLENGED.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 11 February 2011

Dear Kishore,

As per the Registration Act, the parties to the document shall be present as on the date of registration and since, the Sellor died, the legal heirs of Seller shall step into the shoe of Sellor and execute a Deed of Indenture in favour of purchaser. if it is not done, then the legal heirs of Seller can claim over the property. Since, the registration made in absence of sellor/Purchaser is void.