Adjudication and registration of conveyance of land
mukund d gosavi
(Querist) 29 September 2012
This query is : Resolved
Sir, Deed of conveyance of piece of land on stamp of Rs10/- before 30 years be adjudicated under bombay stamp act by the purchaser and registered unilaterally by purchaser under registration act 1908 Thanx m.d.gosavi adv
ajay sethi
(Expert) 01 October 2012
after 30 years you cant register the document . registratio n has to be done within 4 months . with penalty another 4 months .
in maharashtra amensty schemes are launched by State govt . pay defecit stamp duty as and when such scheme is launched .
or submit document for adjudication to collector . pay stamp duties with penalty
M V Gupta
(Expert) 01 October 2012
From ur query it appears that the thirty year old sale deed was not registered and as such it cannot be relied upon to prove the title of the purchaser. Although there is no restriction for adjudication of the document, it would not serve any purpose except ur being called upon to pay stamp duty as per the current market value and penalty. Even after paying the duty the document cannot be registered for the reasons already explianed by Shri Sethi.
mukund d gosavi
(Querist) 02 October 2012
There was a practice to make declaration attaching the said deed/or agreement for sale of flat after adjudication under amnesty scheme On the same lines the aforesaid sale deed could be registered after 30 years? M.D.Gosavi adv
mukund d gosavi
(Querist) 02 October 2012
There was a practice to make declaration attaching the said deed/or agreement for sale of flat after adjudication under amnesty scheme On the same lines the aforesaid sale deed could be registered after 30 years? M.D.Gosavi adv
M V Gupta
(Expert) 02 October 2012
Is there any amnesty scheme in force now? But I agree that a deed of confirmation with the original deed enclosed can be registered. But the stamp duty will be prohibitively high as the land prices have increased during the 30 years period.
ajay sethi
(Expert) 02 October 2012
in mahrashtra the registration office does not accept any deed of confirmation enclosing original deed . hence the said document cannot be regd by deed of confirmation
ajay sethi
(Expert) 02 October 2012
Supreme Court in its judgment Citation (ILR 21 Vol. 924) Gokulbhoy Mulchand Tullockchand Harnath & Ors said: “If the two documents are essentially distinct, being separately stamped and executed to effect different objects, the Registrar has no power to register them as one, even if the party presenting them for registration styles one of them to be the annexure of the other especially where the registration of the document styled the annexure or appendix is barred by limitation”.
M V Gupta
(Expert) 03 October 2012
Thank u Mr. Sethi for the citation given.But we have got recently registered an agreement for sale of a flat which was executed about ten years back, by annexing it to a deed of confirmation. The deed specifically states that the parties have sold/purchased the property under the AFS annexed to the deed of confirmation and have paid full stamp duty as per the current market value of the flat as per the adjudication of the duty. However I would see the judgement cited by you.
Regards.
mukund d gosavi
(Querist) 04 October 2012
Thank yu Mr Sethi for the citation, I have also registered agreements for sale of flats executed 20 yrs back by executing deed of declaration of purchaser only after adjudication and by paying full registration fee based on value. When there is no dispute/litigation as to old conveyance of property, such registered declaration would serve the purpose becoz the object of declaration and object of deed of conveyance is to pay stamp duty and register it and it amounts to public notice for the purpose of title of the property. thanks m.d.gosavi
