Registration of consent decree of high court

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
Dear Laws Experts,

We had trust and we have taken land from Government of Maharashtra on prepatual
lease.Thereafter trust has sold that property to Builder and developers. For this sale Trust & Builder have filed a consent terms in bombay high court and obtained decree from high court. Later Builder has sold this property to individuals.

Upon this consent terms decree done in the year 1982, whether consent decree is required to registered under registration Act and Stamp duty needs to paid or not ??

I solicit all your views and feedback on the reply email.

Thank you

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Raj Kumar Makkad (Expert) 21 December 2011
Consent decree requires registration as it is compulsory under the provision of section 17 of Registration Act.

One thing I could not understand. How a property/land which was on lease from State of Maharashtra, has been sold to Builder and then to individuals? A lease is always lease until it is got redeemed.

prabhakar singh (Expert) 22 December 2011
If it was a perpetual lease in favor of Trust without right to create sub leases,all seems illegal as a leased property can not be subjected to sale;the it is not clear from your query whether the use of word"sold" by you is a loose phrase?????? because legally no sale can take place and the lessorState of Maharashtra has become entitled to renter on this ground alone.
Hence first clarify this position and also this that was the High Court was exercising
original suit jurisdiction???????

No correct answer is hence possible!!!

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