Sid Mehta 01 August 2020

Auction purchase - drt , sub registrar denying registration

I purchased a property from DRT in 2002. While I was not aware of the procedure of registering with Sub-Registrar after purchase. We thought ITCP 18 & 20 is more than enough and is as good as registration. After 18 years when we were about to sell we realized that the property is not registered and has to be registered with the Sub-registrar within 8 months of purchase. Now What should i do to get it registered ? Will the registration happen in new stamp duty or old ? Please guide

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Quick Summary

A property buyer purchased an asset through a DRT auction in 2002 but failed to register it with the Sub-Registrar, believing the ITCP documents were sufficient. Now, 18 years later, they are unable to sell the property and seek guidance on how to proceed with registration, including whether old or new stamp duty rates will apply. Advice suggests obtaining updated proceedings from the DRT, consulting a local advocate for options like adverse possession or a declaration suit, and potentially filing an appeal with the District Registrar or approaching the High Court.

5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 01 August 2020

Usually, the DRT will issue proceedings to the auction purchaser and makes a copy to the Sub Registrar. If you will able to get the new Proceedings from the DRT with the latest date then only the Sub Registrar can registrar. Otherwise the SR cannot register with the old proceedings.

Dr J C Vashista (Advocate) 02 August 2020

Ignorance of law is not an excuse.

The property was to be registered and transferred in your name within stipulated time.

G.L.N. Prasad (Retired employee.) 02 August 2020

If you are enjoying the possession and got mutation, contact a local advocate to file a declaration suit claiming the property on Adverse possession also. In fact, if there is no litigation, purchasers may also take that risk but they may bargain and withhold some consideration as a deposit for future litigation or for publishing such news in newspapers. Contact a local advocate for exploring the alternates to get a sort of deed registered within a family for further authentic transfer to outsiders.

sribhusan sukla (Free Legal Consultations) 02 August 2020

There is provision of appeal before District Registrar under Registration Act for refusal to register. You may file appeal before him stating how non-registration came to your notice now. Or else, your case will be barred by limitation.