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Sale deed

(Querist) 07 May 2012 This query is : Resolved 
is unregistered sale deed is valid....next if it is valid how many years it may be valid...in andhrapradesh...
ajay sethi (Expert) 07 May 2012
academic query . advisable to regsiter agreement otherwise not admissible in evidence
R.K Nanda (Expert) 07 May 2012
Purely academic query.
Shonee Kapoor (Expert) 07 May 2012
Academic query.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
leena Sharma (Expert) 07 May 2012
no, under the Registration Act transfer of all immovable properties are required to be registered.
adv. rajeev ( rajoo ) (Expert) 07 May 2012
a property worth more than Rs. 100 is compulsorily registrable document.
A V Vishal (Expert) 07 May 2012
The Indian Registration Act 1902 specifies the documents that have to be compulsorily registered and those that are not compulsorily registrable.

This is further clarified under the provisions of the Transfer of Property Act 1882. Apart from statutory reasons, in order to create a permanent record, it is always advisable to register any document related to immovable property.

Documents to be compulsorily registered

There are certain documents, which need to be compulsorily registered. These are specified under Section 17 of the Indian Registration Act 1902. These include:


Documents related to gift of immovable property. Any gift deed irrespective of the value of the gifted property needs to be registered

All non-testamentary documents which create interest, right, or title in immovable property

All non-testamentary documents which extinguish or cancel any right, interest, or title in the immovable property

All non-testamentary documents which declare, assign, limit or restrict the interest, title, or right in immovable property

All non-testamentary documents which acknowledge the receipt or payment of any consideration on account of transactions pertaining to right, title, or interest in the immovable property

All non-testamentary documents transferring or assigning any decree or order, that affects the interest, rights and title in an immovable property

Most types of mortgages need registrations. However, mortgages created by depositing title deeds (also known as the equitable mortgage) are not compulsorily registrable. Under the provisions of Section 54 of the Transfer of Property Act 1882, the sale of immovable property, the value of which is Rs 100 or more, should be registered. If the value of the immovable property is less than Rs 100, the registration of sale deed is not compulsorily registrable. So, effectively, all property sale deeds need to be registered

Such compulsoril registrable documents should be registered with the Sub registrar of Assurances within four months from the date of execution of the document. In case due to any unavoidable circumstances this is not done within the prescribed time limit of four months, the document can still be registered. An application needs to be made to the Sub-registrar of Assurances within a further period not exceeding four months. Along with the application, appropriate fine needs to be paid.
Naresh Kudal (Expert) 07 May 2012
well answered by experts
Suhail A.Siddiqui (Expert) 07 May 2012
Since there is no scope of immovable property' unregistered sale deed. No question of its validity for even a day
Rajeev Kumar (Expert) 14 May 2012
Without registration of sale deed it have no value in the eye of law.
shankar (Expert) 15 May 2012
unregistered sale deed is not admissable in evidence and it can be cured by validation, since from the date of validation of unregistered sale deed, it is deemed to be a registered document.
kishore (Querist) 15 May 2012
DEAR SHANKAR...WAT DOOES IT MEAN..unregistered sale deed is not admissable in evidence and it can be cured by validation, since from the date of validation of unregistered sale deed, it is deemed to be a registered document.i meaan sir....saledeed without registration is executed in 2005....is according to shankar sir it is valid....plz clarify me...
kishore (Querist) 15 May 2012
DEAR SHANKAR...WAT DOOES IT MEAN..unregistered sale deed is not admissable in evidence and it can be cured by validation, since from the date of validation of unregistered sale deed, it is deemed to be a registered document.i meaan sir....saledeed without registration is executed in 2005....is according to shankar sir it is valid....plz clarify me...


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