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Registration

(Querist) 29 November 2012 This query is : Resolved 
I have a flat purchased in 1979 in thane. I have agreement of the flat, but it is not registered. Is it possible to register it(agreement of 1980 or before)?
prabhakar singh (Expert) 29 November 2012
FRESH SALE DEED AS ON THIS DATE WOULD BE REQUIRED.
Raj Kumar Makkad (Expert) 30 November 2012
Registered sale deed can be got executed even on today if the seller is ready for that.
Vinit Shah (Querist) 30 November 2012
Thank You, but as per some ongoing case registration of agreement of before 1981 is not allowed. So how should i Register the agreement and will the Stamp Duty be calculated on the basis of year 1979 or present date. And is it necessary to get the agreement registered for transfer of property as a Gift Deed.
Raj Kumar Makkad (Expert) 30 November 2012
The stamp duty is payable as per the prevailing rates on the day of registration of sale/gift deed.

There is no problem to get registered sale-deed in case your seller is still with you. You may get a fresh agreement mentioning therein the previous transaction and may fix a fresh date for the registration of sale-deed. There is no requirement to execute any agreement for the purpose of gift deed.
Vinit Shah (Querist) 30 November 2012
Thank you, So does it mean that the old agreement cannot be registered? And
So exactly what should i do first -
get a fresh agreement & register it OR transfer the flat ownership from my mother to me as Gift Deed and then register the Gift
Deed.
ajay sethi (Expert) 30 November 2012
registration has to be done within period of 4 months . with penalty furher period of 4 months is allowed . after 32 years document wont be admitted for registartion .

you cnanot also execute Confirmation Deed as in mahrashtra as per ciruclar issued by Inspector Gneral Of registration such confirmation deed cannot be registered
R.K Nanda (Expert) 30 November 2012
agree with expert Sethi.
Raj Kumar Makkad (Expert) 30 November 2012
You execute a fresh agreement and get the gift deed registered as desired as there is no other option before you.
Vinit Shah (Querist) 01 December 2012
What if the seller is not with me ?
R.K Nanda (Expert) 11 February 2013
then nothing can be done.


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