Civil Procedure Code (CPC)

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Since 1990 (Other)     08 May 2010

Property Agreement Question


Person 'A' had purchased a property from the builder in 1984.  Stamp duty for that agreement has not been paid, nor registered.

We purchased the flat from 'A' in 1993 ; stamp duty was not paid nor registered for this agreement also.  However during the stamp duty amnesty scheme we paid the stamp duty for this agreement. Now we are planning to sell the flat and the buyer says that the agreement should have been registered, or that we should get it registered now.

'A' is not to be found.

My question is :

Is it compulsory to get both the agreements (1984 & 1993) registered.

How can I get these agreements registered now as ‘A’ is not to be found ? 

Please note our co-operative housing society was registered in 1992.

 1 Replies

D.V.RamaKrishna (Advocate)     08 May 2010

Any transfer of immovable property should be throuhg a registered transfer deed only.

In your case since neither the original builder/owner from whom A has purchased the flat nor "A" himself are not available to get the earlier transfer deeds registered now in your name...i think the only option left for you is to get title declaration through court after which you can sell the flat to any other person.

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