Lapse in registeration of sales deed

Querist : Anonymous (Querist) 19 December 2011 This query is : Resolved
I signed a sale deed with a seller 2 years ago. Hoever, due to a fault on my part the property failed to be registered.

I have now resolved my issue and am ready to register the property. However, the seller is now stating that she will only register the property if I pay a further amount to reflect today's market value.

In the last 2 years property prices have increased 5 fold in the area - as reflected my recent nearby sales. The seller argues that if I sold the property after registeration, I would aquire this amount or more.

Since the sales deed, I have been living at the property but all taxes have been paid by the seller.

1. What legal basis does the seller have to request more money to register?
2. Is my 2 year old sale deed now void? Will I need to draw up a new sales deed before I can proceed at origianl or new price?
3. How should I respond?

With kind regards.

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Devajyoti Barman (Expert) 19 December 2011
1. If the time mentioned in the sale agreement has expired then the seller can rightfully claim increased amount.
2. The agreement needs to be perused.
Yes
3. If the increase is not much then it is better to give such additional money. After all it is you who was at fault.

prabhakar singh (Expert) 19 December 2011
yes! i agree.

Raj Kumar Makkad (Expert) 19 December 2011
1. It is better to go through your sale-agreement. If there is no specific period for the registration of sale-deed then it is unjust and illegal on the part of seller to demand additional amount.

2. The old sale-deed though executed but not registered shall suffice if no addition of demanded amount is to be made therein.

3. As you are already in the possession of the property and the cost of the property has risen up to 5 times then there is no need to bow below a limit. The sale-deed duly executed by seller is also under your possession so there are little chances of her success even in the court to get vacation from you.

You should stand upon the earlier position with liberty to some how reach to a compromise up to a middle stage.

Nadeem Qureshi (Expert) 19 December 2011
I agree with above expert's views

ajay sethi (Expert) 19 December 2011
you have not mentioned how much the seller is demanding . if property prices have increased 5 fold and amount demanded by seller is not substantial better compromise .

registartion was not done due to your mistake . the seller was willing and agreebale to register the document .

it is advisable to obatin clear title to the property . go for registration

Guest (Expert) 20 December 2011
Agree with experts.

Querist : Anonymous (Querist) 20 December 2011
Thank you all for replys.
There seems to be conflicting expert opinions.

Just to clarify:
1. The period for registering the property was within 5 months of signing the sale deed. So that expired a year and half ago.
2. The seller is requesting I now pay additonal 30k/cent. I paid only 10k/cent 2 years ago. Nearbly land have been sold recently for 35-100K/cent.
3. Before signing the Sale Deed, the seller and I signed a legal agreement stating that all transactions would be completed within 3 months - this ensured that neither the seller nor I could pull out without consequences. The seller was available to register the Sales deed for this 3 month period; but not availble after this period (out of State). The Seller is now back in the State again.

In light of these details I would be grateful for clarification on expert opinions that are conflicting.
1. If I have possession of the (expired, unregistered) Sale Deed and property - is there little chance the Seller can pursue my eviction through courts? As Makkad's expert opinion.
2. Or is it as Mr Barman's expert opinion?

Kind regards,

Lapse in registeration of sales deed

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