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Dharmesh Manjeshwar (Advocate/Lawyer)     28 July 2011

Procedure to register a sale agreement if seller refuses to

A company has purchased an office premises from the Seller ...

Seller has got the entire consideration amount and the Sale Agreement has been executed by the parites

The Purchaser has paid the necessary stamp duty after adjudication of the Sale Agreement.

But the Seller refuses to co-operate and come to the registration office for registering the Sale Agreement.

What options does the Company as a Purchaser have in such a situation ?



 8 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 July 2011

Hi,

If you have valid proof regarding full payment, a cheating case can be filed at concerned police station.

You can file a civil suit as well for the specic performance of contract and and interim injuction to restrict the land loard from alienating the property or to sell it to some one else so as to defeat your case. 

jeetendra patel (lawyer)     28 July 2011

pl.clarify the important aspect about the possession of the said  office premises.You can file suit for specific performance of the  contract praying for  registration of the saledeed showing your readyness and willigness to pay formal stamp duty and registration charges. You have to pray for possession of the office premises if it is not handed over.(you can take possession of the office premises on the strength of the payment of agreed consideration (of course you will have to show and prove the aspect of payment of entire consideration.aspect /clause of possession of the office premise in youe saledeed executed is very vital.you will have to seek injunction  to restrict the original owner from transferig the office premises. After filig suit for specific performance you can register the lis pendence notice in the office of the concerned sub registrar  in order to avoid further complication s and to strenghten your position  and also so as to make aware the prospective buyer of the said office premises which original owner may sell.

J.P.PATEL ADVOCATE PUNE (9921158871)

jeetendra patel (lawyer)     28 July 2011

if entire stamp duty on the said saledde is paid by you then you can get it registered.

Advocate Rajkumarlaxman (Advocacy)     29 July 2011

File a suit for specific performance of contract and as expert states if you have paid fully the stamp duty then regitering would not be difficult for you.

Mahadeva Rao G (ADVOCATE)     30 July 2011

Sir,  Whom  the  necessary  stamp duty  has  been  paid.  It  was  supposed  to be paid only  to the  Sub- register by way of  DD.    If  it  is  paid  to the Seller  ???????   Also entire  sale  consideration  has been paid to the Seller ??   which  should  have  been  paid  only  at time of   registration of  ABsolute  Sale  Deed.   There is  mis match in  the  Statements, which  a  normal  prudent  man  would  not  do .  Pls  send in more details  so  that  experts  can  guide u in  proper  direction.

Mahadeva  Rao. G.        ADVOCATE  9845285555  BANGALORE.

Mahadeva Rao G (ADVOCATE)     30 July 2011

Expert   Jeetendra patel  is right.

Dharmesh Manjeshwar (Advocate/Lawyer)     30 July 2011

My query is ...... is there a way to register a sale agreement if the Seller refuses to come to the registration office ?

... other aspects are clear .... full consideration paid to Seller .... stamp duty legally paid after adjudication .... obtained possession of the office premises from Seller .... Sale agreement duly executed by Seller & Purchaser .... obtaine society NOC, etc ....

Now only registration remains and Seller refuses to come for registration ......

biplab (ceo)     05 June 2013

The plot of land and the building that i am planning to purchase is in the name of a widowed  lady, her son and daughter. Both of them live in the US. A part of the amount payable will be obtained through bank loan. The bank wants that the sale agreement must be registered for getting a loan. The problem is that her son cannot come immediately. What options do i have ? Can the lady get a power of attorney from both of her son and daughter empowering her to sell the property on their behalf and to do the needful? The lady is almost bed ridden and lives at  Delhi, her property is located at Guwahati where i too live ! For registration of the sale agreement is it necessary that the owners must be present at the of registration ! Further for registration of the property after sale will it be necessary for them to come...Please help...i am at a fix !


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