Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Registration of sale agreement

(Querist) 26 October 2019 This query is : Resolved 
My aunt had purchased a flat in 1990 at Vasai.
She had not registered the purchase/sale agreement as she wasn't very savy about such matters and usd to suffer from bouts of depression.
She had given a Power of Attorney to one person (not related to her) in 2007 to sell the flat but this POA also was not registered only notarised.
This POA holder created a forged sale agreement in his favour in 2009.
He died one month later
One year later his wife got that forged agreement registered and paid stamp duty claiming the my aunt was not traceable
She staked a claim on the flat on the basis of this agreement from the Society but the Secretary sensing something fishy called upon my aunt who as staying with her sister at Metro.
Meanwhile this wife off the forgerer made a complaint to the Dy. Registrar to enforce transfer but we intervened and the complaint was dismissed where the Dy. Registrar ruled that he doesn't have authority to direct the Society in view of our intervention and she not having any heirship document.
Subsequently this woman quietly gets a heirship certificate without making my aunt party to the application.
My aunt filed RCS in 2015 to have the forged agreement cancelled. The RCS was filed by me as her CA under a registered POA
During umpteen adjournments my aunt finally died in 2018.
Now th matter has come for final hearing where the advocate of the woman claims that the flat did not belong to my aunt as she had not registered the same.
I understand that registration was made mandatory in 1994 vide a Circular dated 18-02-1994 by the Dept. of Cooperation.
Can anyone help me get a copy of this circular.

PS: My aunt was staying with her handicapped sister far from this flat and hence was not frequenting the same due to her age and distance. She was 82 when she passed away in Feb 2018.

Darius Engineer
PARDEEP KUMAR (Expert) 27 October 2019
Even if unregistered, your Aunt was having a title better than the PoA holder, remember even his authority flowed on the basis of that unregistered document. As per Transfer of Property Act, 1861 transfer of a property more than Rs.100 can be effected through a registered deed only. For the required documents just file an application under Right to information act or search google
Dr J C Vashista (Expert) 27 October 2019
So many questions and queries by author.
However, it is advisable to contact and consult a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
P. Venu (Expert) 27 October 2019
Who is in possession/occupation of the property?
Darius Engineer (Querist) 27 October 2019
My aunt has always been in possession and now that she's expired I'm in possession as her nominee.
Darius Engineer

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