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rahul (coordinator)     30 October 2010

guide me

hi,

me and my family is residing in this house for past 32 years, we had rented this flat and were paying rent to the owner, in 2007 there was a sale deed between us and the owner, and had paid the full amount, he has also given the affidavit. The sale deed and affidavit is notarised,  we have not registered the sale deed, when we decided to register it now, he is not ready to give NOC, Share Certificate, and he is demanding more money, saying that he is not aware of the agreement.  The society is not giving us the NOC and saying to settle the issue between us. We have given the xerox copy of our documents to society  The owner has requested the society to transfer the flat in his son's name. We want to register this flat in our name, as we have done the sale deed.

please guide me.



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     30 October 2010

Such type of notorized sale deeds have no value, a sale deed of immovable property is to registered with the sub registrar. what are the contents of the affidavit? show all the documents to a good lawyer and act as per his advice.

adv. rajeev ( rajoo ) (practicing advocate)     30 October 2010

Notarised sale deed is not a valid document, you cannot claim tittle on the basis of such document. If any immoveable property worth of more than Rs.100 transferred by any deed should be compulsorily registarable document.  In your case it is uregd., sale deed.  So better to make compromise with the owner to save the already paid money, otherwise you will loose that amount also.

R JAYARAMAN (Consultant)     01 November 2010

Dear All,

Any instrument affecting any interest in an immovable property needs to be registered compulsorily U/s 17 of the Registration Act, 1908. The period within which such registration shall be made is 4 months from the date of execution of such instrument. Failing which another 4 months time is available. For all these things please refer the Act and act. In your case for reasons known to you, you have not effected registration becasue of which the property in the immovable has not passed on to you and the alleged seller is still the owner. However, everything is not lost. The unregistered instrument can be relied on. You can either recover the money paid with reasonable interest (interest though not specifed - still you can claim since the other person has received and enjoyed your money). Please examine the possibility of getting relief under Specific Relief Act or under contract Act based on part performance. U may contact a lawyer with documents and examine the situation. Good luck

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umamaheswararao (jr accountant)     06 November 2010

sir,

My actual date of birth : 12.10.1962

my date of birth in school record: 21.05.1960

I am passed my SSC (X) in March, 1977

I joined in SCCL as Clerk : 25.08.1989

I have taken date of birth certificate with Birth & Death Commissioner Warangal as 12.10.1962

On 16.11.2009 My father was expired.  At present my Mother is alive (71)

Now I would like to change my date of birth in my service records.  If not , I would have to retire on 31.05.2020

If accepts/agrees through Court  my correct date of birth I would retire on 31.10.2022.

please guide me in this matter.


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