Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

girish shringi (advocate)     21 April 2010

can registrar register a sale deed after 5 years of executio

Under the  registration act can registrar register a sale deed after five years,when executor of the property not responding.

e.g.A had purchased a property 5 years back and executed the sale deed but due to fraking machine was not working on the day could not got stamped it.

However the saler(vendor) and the purchser both had signed it in the presence of the witnesses,means deed was executed,but was not registered in stipulated time with grace period had expired.

Now the Vendor refuses to appear before the registrar.

Can registrar register the deed even after 5 years with penalty unilateraly in the presence of the purchaser.

Girish Shringi



Learning

 6 Replies

R.R. KRISHNAA (Legal Manager)     21 April 2010

Every deed has to be presented before the registrar within 4 months from the date of execution and a further period of 4 months can be granted by the regsitrar on certain valid reasons of delay with penalty.

 

In your case the delay is huge (5 years) and the deed is invalid and it shall be refused registration.

bhagwat patil (Property due diligence 9422773303)     22 April 2010

No he cannot.in abesnce of vender who will sign instead of him even though fresh stamped.Registrar is there only for collection of registration fees on behalf of govt.and to see weather the documents r deuly stamped; 

R.Ranganathan (Advocate)     23 April 2010

There is a provision for compulsory registration when the Vendor is refusing to register the deed after receiving the sale consideration. You can approach the Court for declaration and direction to the Registrar to register the same.

m.arunprakaash (advocate)     24 April 2010

YOUR SALE DEED IS VOID UNDER LAW.

ONLY COURSE OF ACTION GET CONFIRMATION DEED WITH THE VENDOR.

ELSE FILE A CIVIL CASE AFTER GETTING CONDONATION OF DELAY FROM THE COMPETENT COURT

R.Ranganathan (Advocate)     24 April 2010

Yes. An Mr. Arunprakash has stated you have to get the delay condoned from the court. Further you have not stated anything about the correspondences between you and the seller all these 5 years. If you have any such communication letters then it will help you in getting justice from the court even if the seller is dodging the execution of the sale deed. 

R N Aggarwal (CEO)     04 May 2010

Another similar but slightly different situation exists here:

Is the dully registered sale deed void if the vendees have not signed it even if it is dully written in the sale deed that they have signed?

Does sub-registrar have powers to register such a deed?

How to get it declared null & void?

 

Thanks

RN


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register