Mohan Choudhary 05 March 2023

Need suggetion in court decree registration

Hello Experts,

I have a property (Flat), which was on my Mothers name. my father and Mother had separated and later my father challenge her in the court for this property. The judgment was finally in my fathers favour and he received a court Decree in 2010.

Now, when My father want to sell the property Buyer have applied multiple banks for home loan. Bank have rejected the application stating that the Decree need to be registered.

Now when we are going to Registrar office, they are denying stating that Decree register need to be done within 3 or 4 months of court verdict else we need to go to ACG office and take permission, which is length and money consuming process.

Experts, Please help me with your suggestions regarding how I can proceed further to sort this issue with minimum time and money.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 05 March 2023

When the court has passed the decree in your father's favor around more than a decade ago, your father should have got the property registered through court on the same moment.

If he had applied for execution of registration of the deed with the draft deed before court at that time and the court had taken time for processing the same, then that delay may not be considered as delay, but your father seems to have remained silent over the subject.

Hence the next oiption before your father is to approach the court once again with a petition seeking direction to the concerned registrar to register the property on his name on the basis of the decree pronounced in his favort and also with an application to condone delay citing proper and valid reasons for the delay in approaching the court for executiuon of the registered deed on his name.