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Validation of notary document

(Querist) 19 October 2013 This query is : Resolved 
respected sir iam naresh from hyderabad
my uncle purchased 200sq.yads open land in hyderabad through notary in year 1970.

he is planing to constract a house on plot he gane for bank loan. bank people said notory document is not a legal document.
he apporch a document writer(stamps and registation) he said validation process. is it legal processer for notary document. please advice sir
Dr J C Vashista (Expert) 19 October 2013
What is the document which was executed in favour of your uncle?
What are the terms and conditions of the document? Whether possession remained with seller or handed over to buyer?
Whether registeration of document for sale/purchase was mandatory in that particular location/khasara/ area/taluka/ district at that point of time.
Incomplete and vague querry.
Engage/contact and seek advise and services of a local lawyeer.
prabhakar singh (Expert) 19 October 2013
You state your uncle purchased 200 sqy. land through a notary in 1970.

My answer is buying immovable property through any deed which is NOT REGISTERED is bad in law as no right title or interest in immovable property can be acquired by a buyer through unregistered sale deed which a notarized deed would be for sure.

Bank is right in it's opinion to refuse to give loan as your uncle has no right in land to mortgage in favor of bank.
Even if your does not need loan and thinks to raise construction from his own funds and resources,local
authorities would refuse to approve his construction plan for want of legal title on land.

A document executed in 1970 can not be registered now even if the vendor agrees.

Document writer's advice is obviously wrong.

The only course open to your uncle is to request his seller to register in your uncle's favor a fresh sale deed paying stamp duty at present rate,consideration
is already paid but seller may bargain and ask more judging the legal defect,

So it is now a glass to be handled with due care.

Ask your uncle not to be swept by advices of village barristers.
I do not have buttons you need to press.
Ms.Nirmala P.Rao (Expert) 19 October 2013
Dear Client,

A duly executed AND registered sale deed as per your local law etc is valid;not a notarized affidavit.Only immovable properties worth more than Rs100 or more are compulsorily registrable as per Transfer of
Act.Please press the Thank you BUTTON ON MY PROFILE IF YOU WISH TO thank me.Bank people were right.
Devajyoti Barman (Expert) 19 October 2013
The notrasied document has no value. Now you would need NOC from the erstwhile seller or his legal heirs.
R.K Nanda (Expert) 19 October 2013
agree with experts.
malipeddi jaggarao (Expert) 19 October 2013
I agree with expert Nirmala P Rao. Bank will not take the property as collateral security for sanctioning loans.
prabhakar singh (Expert) 19 October 2013
If your uncle has purchased 200 sqy that too in hyderabad for a consideration of only Rs. 99 or below then at least two of the experts here would hold your notary deed 1970 valid,but not i.
Anirudh (Expert) 20 October 2013
Dear Mr. Rajkumar,
Let us be practical.
Any executed document is required to be registered within 4 months. In this case it is more than 43 years!
Therefore the question of convincing (or even trying to convincing) the Registrar simply does not arise.
When the querist's uncle is not a legal owner (because of defect in the title document)how can he execute any Settlement Deed?
Again to what effect the power of Attorney his uncle would give?
To put it mildly, I am completely rattled by your answer / suggestion.
Anirudh (Expert) 20 October 2013
Dear Mr. Rajkumar,
I am not aware of any query from Shree.
Rajendra K Goyal (Expert) 21 October 2013
Nothing more to advise.

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