Upgrad LLM

registration of a sale deed which was done 20 years ago


Sir

My grandfather purchased a property through agreement of sale from a neighbour who sold half of house to us and another half to our other neighbour in the year 1990 by paying total sale consideration amount. Possession was handed over immediately in 1990 itself and since then till date we are in possession of the property. Problem is we did not get the sale deed registered on our grandfather's name. So can we register the property now. 

 

Meanwhile my grandfather died in 2010 and the seller died in 2019.

The other neighbour who purchased the other half house got registered the property on his name in 2018 by making a new sale deed and executing with the seller.

 

Now what are the options available for me to get the property registered my name or my father name.

 
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Practising Advocate

You cannot register the 20 years old agreement of sale. Moreover the buyer i.e your Grand father  is also not available.

Check Whether the owner who sold the property is available.

On whose name the property tax and other bills are.

If they are on your Grand father's name for more than 12 years the law of Adverse possession may come to your rescue

 


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Lawyer

Request the legal representatives of deceased titleholder- cum- vendor of the property who had agreed to sell it to your grandfather.

What you have been doing since 1990 and what is the problem at this stage?

How do you correlate your case with your neighbour who is stated to get sale deed of his portion registered a year before death of the vendor, which is a separate and independent transaction ?


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Reply   
 

The property tax of the said house number is mutated on the other person who took the other half portion of house. But still we are getting electricity bills on the name of previous owner, water connection was not taken.

The previous owner died in 2019.

 
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Retired employee.

Contact a local advocate and explore the possibility of getting a registered gift deed within the family, if there is the support of some document with the seller.

 
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Advocate

Yes, the registration of the sale deed is possible only through the legal heirs of the deceased owner. Have you approached them?

Anyhow, title to the property is secured through long and continuous active possession. Entries in the revenue records or other aspects are not deciding factors in deciding ownership.


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There was delay of 20 years as my grandfather assumed that the agreement of sale deed is enough. He did not have knowledge of registering it with the registrar. Now after I being educated and joined the government service came to know importance of registration and started pursuing the issue.

 

We know the legal heirs of the seller, should I write a new sale deed ? If so what is the procedure to be followed. I can call the legal heirs and ask them to sign at the time of registration. Since it is binding for the seller and their legal heirs to register the property as pert terms and conditions of agreement of sale

 
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Practising Advocate

Ask the legal heirs of the seller to come to the sub registrar office and execute the sale deed. sometimes the sub Registrar may insist for Family member certificate or legal Heir certificate for the execution of the sale deed.

You may write the old facts in the sale deed but you have to pay the stamp duty on the present market value of the property.
 


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Sir, willold sale deed is valid for registration now with the signatures of the legal heirs of the seller. Also since seller was a government employee a family member certificate will be given by the M.R.O concerned. I will ask the legal heirs to apply one or take death certificate along with a certified copy of service register of the employee.

 
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Practising Advocate

A sale deed has to be presented within stipulated time usually 4 months from the date of execution (signature). After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees, if the District Registrar grants permission.

In your case its time Barred. 

 
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