Registering a flat purchased in resale..
Querist :
Anonymous
(Querist) 11 September 2010
This query is : Resolved
I have purchase a flat in Kolhapur city in maharastra, it’s a flat in a cooperative society…registered in 1987.I am the third owner.
First owner was Mr Deo ,who was one of the 42 members when the society was formed.. Mr Shah ,then the promoter was the first chairman and the partner of the construction company which built the society. The society Was registered and the members were given possession on agreement to sale. No sale deeds were executed.
Mr Deo in 1993 sold the flat to Mr Anikhinde, vide a registered sale deed ,and payment of stamp duty and the share certificate was transfer in name of Mr Anikhinde.(but the sale deed doesnot give details of how DEO has become owner like details of sale deed or agreement to sale bet construction company and Deo.)Ankinde had the possession of the flat till 1999.
In between in 1995 some of the members got their sale deed registered.but not the one which I am mentioning here
And in 1999 I took the purchased the flat from Mr anikhide vide a registered sale deed, and payment of stamp duty) and the share certificate was transferred to my name, and municipal taxes are on my name now.
Now in 2010 when I want to sell the flat, I went to the registar office and found that the flat still remains in name of the Construction company, and Mr Deo name and further Mr anikhinde neame is not on record.
Mr Deo when asked for relevant documents, he hand over a agreement to sale bet him and the construction company, that too is unregistered but sign by the partners of the Construction company and Mr deo.But that is not on stamp paper, but has a print format with 10 Rs adhesive stamp.
He says he doesnot remember having executed the sale deed and has no reciept of payment of stamp duty either.
The construction company too is reluctant and says the old records are not with us.
The Registar says that unless there is a sale deed bet the Construction com and Deo is there the further names cannot be entered on the property card.
Now what is the solution to this,how can the property be on my name on record….iis there any provision by law or procedure so that my name is entered ther in records….the society is ready to cooperate and also Mr Anikhinde too…..
Vinay desai ..9371102478
Raj Kumar Makkad
(Expert) 13 September 2010
If society is co-operative with you then the only option remains with you to get a registered sale-deed from either the construction company or from society if chain of the construction company and society is complete (registered) otherwise you can do nothing in the matter in dispute. Subsequent sale-deeds have no value in the eyes of law if original sale-deed/chain is non-existent.
Querist :
Anonymous
(Querist) 13 September 2010
if the first sale deed is non existent, can the first owner and the construction company execute a sale deed now with the payment of penalty, and will the subsequent sale deed be corrected with correction deed....vinay desai...suggest a way out
