Prasad (Proprietor) 13 November 2014

Unregistered sale deed

My brother purchased a MHADA house on 03.04.2004 in Mumbai. He executed the sale deed and other agreements with the original tenant. However he didn't register the property or pay the stamp duty. The cost of the property was less than 5 lakh then.

The property was bought before the conveyance was executed between the society and MHADA in 2005.

I want to regularise this unregistered sale deed and would like to know the way forward.

How is the stamp duty and registration charges calculated?

How much penalty will my brother has to pay for non-registration?

Thanks and Regards.

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 November 2014

sub-registrar officials tells the stamp duty and registration charges as per property market value.

Advocate Ravinder (Advocate/Attorney) 13 November 2014

An unregistered sale deed can be regularized within 3 months only. After that it will become invalid. Since it is invalid, there is no question of payment of stamp duty and penalty. The only course left to you is to file a suit for specific performance against the owner. For further details contact me ravinder2345@gmail.com or 7893011777.

T. Kalaiselvan, Advocate (Advocate) 16 November 2014

You may have to consult local consultant and have to go for fresh registration if the rules do not permit for registration on the previous papers even by paying penalty. Take the help of a local consultant and proceed.