Underconstruction property agreement registeration , maharashtra
Pankaj
(Querist) 17 September 2011
This query is : Resolved
Dear All,
I Pankaj Singh have made booking for 2 bhk & 3 bhk Flat in under construction project Arrow city Manatthan Project, Pen Raigad, in May 2010 & Sep 2010. Till date builder have taken 30% & 20 % price of said flat.In July 2011, he made a back dated Notorised agreement(Jan 2011) and not from the date of receipt of first payment. As per MOFA rules , is it compulsory to get the agreement registered with the registerar office. I approached the builder for registeration , which he refused to do and says he will do the registeration at the time of possession. There is no progress in the construction work till date. Requests proper guidance from property experts ?
Ganesh Chavan
(Expert) 17 September 2011
The document should be registered within four months from the date of the execution i.e. o the Date the Document Notarized. If the document could not be registered within four months, then it can be registered within an additional period of four months after making an application, with reason for the delay, to the sub-registrar and paying penalty as imposed by the sub-registrar. Penalty can be legally up to 10 times of registration fees, which is very high. However registrars are lenient on this account and may impose a nominal penalty.
prabhakar singh
(Expert) 17 September 2011
I AGREE WITH OPINION EXPRESSED BY Expert : Ganesh Chavan
Ganesh Chavan
(Expert) 17 September 2011
Under Indian Registration Act, 1908-Documents of which registration is compulsory - Registration of documents relating to immovable property is compulsory only Registration of will is optional.Time of presentation for registration - Document should be submitted for registration within 4 months from date of execution [section 23]. Decree or order of Court can be submitted within four months from the day it becomes final. If document is executed by several persons at different times, it may be presented for registration within 4 months from date of each execution [section 24].
Ganesh Chavan
(Expert) 17 September 2011
Effect of non-registration - If a document which is required to be registered under section 17 of Registration Act or under provisions of Transfer of Property Act, 1882 is not registered, the effect is that such un-registered document * does not affect any immovable property comprised therein * cannot be received as evidence of any transaction affecting such property. - - - Thus, the document becomes redundant and useless for all practical purposes. It can be accepted as evidence in criminal proceedings
ajay sethi
(Expert) 17 September 2011
i agree with experts . if the builder is refusing to register the doucment and no progress has been made in construction work move the consumer forum after issue of notice for deficiency in service
Shastri J.K.
(Expert) 17 September 2011
I also agree with experts .
Raj Kumar Makkad
(Expert) 17 September 2011
Consumer forums have got no right to entertain a complaint wherein no agreement has been made or where no allotment has been made so it is better to approach civil court rather of consumer forum.
