T.P Act
prodip kar
(Querist) 24 February 2011
This query is : Resolved
A executed a sell Deed To B on 28.2.2009 But it was registered on 29.5.2009. In the same time A executed another sell deed To C which was executed on 28.3.2009 of the same property(land),but this deed was get registered on 29.3..2009. which deed will prevail .Plesae help me with some rullings,
Amit Minocha
(Expert) 25 February 2011
According to me deed dated 28.03.2009 would prevail under Transfer of Property Act as well as under Registration Act both
adv. rajeev ( rajoo )
(Expert) 25 February 2011
latest sale deed will prevail because first one which was executed in the month of feb. is rejected.
G. ARAVINTHAN
(Expert) 25 February 2011
First registered Deed will prevail.
However A can be penalized for fraudulent transfer
a.manoharan
(Expert) 25 February 2011
sir, please refer Registration Act. Registration of deed is not on the real date of registered deed but on the real date of execution of deed . if so , sell Deed To B on 28.2.2009 , but, registered on 29.5.2009
will prevail over. anyhow, it is a question of law.
Parveen Kr. Aggarwal
(Expert) 25 February 2011
Section 47 of the Registration Act, 1908 makes the position clear.
"47. Time from which registered document operates: A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration."
As such, the sale deed 28.02.2009 is valid and operative. The seller remained with no title after 28.02.2009 and, therefore, no title could be conveyed through the subsequent sale deed dated 28.03.2009.
R.venkatesh Naidu
(Expert) 25 February 2011
Mr. Parveen's Statement is enough or not.
Anup Hadgaonkar
(Expert) 28 February 2011
i agree with Mr. Praveen
B'cos, registration is conserned with the ensrtument not to the documents.
Sri Vijayan.A
(Expert) 01 March 2011
The deed first executed is valid, after that the executant extinguishes all his rights over the property.
As per Registration date, the document shall be registered within four months. So the first deed is valid.
The second deed, though it was registered first is not valid, because he is not the original owner.
