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sunil (PROPRIETOR)     14 August 2012

15 years old unregistered sale deed

I have purchased the property15 years back from a a lady , who was member of the sdociety., After the agreement wasm signed , but not registered , the 1st owner filed a case against the lady and the manutyaging committee . which was false.

The lady attended the court for 5 years but left the country, but before leaving the country she gave me POA.

It took 15 years to get the order that the from the co-op. court that the case is dismissed.

In the meantime , at the time of amnesty , i paid the stamp duty.

I dont know how to register the property now, as i need to sell the same. please advice.


 4 Replies

N.K.Assumi (Advocate)     14 August 2012

To whom did you paid the stamp duty???

Naveen Kumar (service)     14 August 2012

Give full details, what is the final order and why the case dismissed, Where did you paid the stamp duty, who told for this.  The fact is that people pay stamp duty only at the time of registration and get register the property in their names.

Why did 1st owner filed the case.  So furnish all these details 

sunil (PROPRIETOR)     14 September 2012

I paid stamp duty to Registrar of Stamps, Mumbai.

The case was dismissed as both parties remained absent for considerable period..

Since the case was on i could not register the flat as Society's fresh  NOC was not available, using NOC given at the time of purchase of flat , in 1995, i could only pay stamp duty.

Now as per circular issued in 2011, you can not register the documents which are more than 8 months old.

So my old sale deed can't be registered. If i make the sale deed again, i need to pay the stamp duty twice.

Can i register the property , with the help of POA given by the seller?

Presently the flat is stillon the sellers name, membership is still not transferred.

I am in possesion of the flat and paying allthe taxes till date.

Please advice.

sunil (PROPRIETOR)     14 September 2012

I need to sell the flat , i have a buyer. Can i directly sale and register on a buyer's name, using POA , so that i can avoid paying stamp duty twice ?

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