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dr balkrishna chaitanya (dental surgeon)     13 August 2009

how to execute the 2nd saledeed immediately after the 1st

(The subject matter is in maharashtra)

'A' sold his property to "B'.

'A' has his name on 7/12 extract.

they executed a legal registered saledeed.

immediaetly after this, 'B' wanted to sale the same property to "c"& execute the saledeed between him & 'C' on the same day.

registering authority refused to this on the grounds that there is no name of 'B' yet entered on 7/12.

is there any such provision in the registration act, by which reg. auth. can refuse?

can 'B' be prohibited of his right to sale till the time his name to apear on 7/12.

minimum time 15 days from mutation entry & maximum time no one can guess.

'B' wants to dispose of immediaety, & also "C'' has no time  to wait.

how to proceed?or to loose the party.




 2 Replies

saumit joshi (advocate)     13 August 2009

In gujarat, Registering authority has no right to deny to register the document, if 'B'  having registered sale deed. and Registrar has no power to go for property title. Registrar has only power to deny to register a sale deed if any querry regarding stamp duty, owners information etc. I think in Maharashtra procedure is same as per act. 

M ShivaKumar (Deputy Manager)     13 August 2009


The process for registration will be uniform across but one can not uniformly guess what these sub registrars would be insisting on, as observed by Joshi registrar can not get in legality of the title uless their is pending query, direction from court or apheresion of some illegal transactions but they do have power to refuse to register but they should issue an endrosement with reason their-of.

Since procedural aspects would be unique to respective states it is suggested to take the sub registrar in to confidence your legal cosultant should be able to do that.





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