swayam (Admin) 22 June 2013

Sale deed not registered

We had purchased a property from builder in 1988. We have property sale agreement made on Rs. 5 Stamp Paper. However unfortunately at that time we did not get the property registered at the Registrar Office. We have been paying property tax on the said property for the last 23 years. We have with us original receipts issued by the builder and letter of possesion. Additional Complication is that the Builder who made the building is no more in existence. A Society has been formed by the other owners in the building . We have not been issued a Share Certificate or been made a member. My question is :

How do I get the property registered in my name ?? Is there some law in the Registration Act which will allow for such a late registration if I am prepared to pay the penalty and stamp duty amount.

How Do I get share certificate in the formed society. Does the society require a copy of registration deed for issuing a Share Certificate. ???

Kindly advise what is the best legal recourse I have with me.

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 June 2013

You said you have letter of possession and receipts with you...../

Hemang (Advocate) 22 June 2013

Submit an application to the compentet authority in the Society for issuance of share certificate based on possession letter. Show the payment receipts in consideration of exchange of property to the society.

Lata Lochav (professional) 22 June 2013

Do you have the will of the seller in this connection?

prakharved (Medical officer) 26 June 2013

@swayam

Dear Swayam,

The registration of the house should have been done at the time of buying the house. So long a delay is unwarranted. The procedures and rules for registration and the penalties for late registration are different for different states. Since you have delayed the registering of the purchase, you would have to pay the stamp duty as per the current market value of the property, rather than that which was there in 1988. As per what is the process for registering and if there are any penalties involved, please consult a property lawyer who is familiar with your specific state laws.

Since you have all the documents, i dont think registering is going to be a problem. But you need to make sure the process from a professional who can help you.

I can suggest you a good website, www.lawkonect.com, here you can post your detailed question and you can get a detailed written reply to your question by experienced property lawyers. You will come to know about the relevant laws according to your state and would be given the steps you can follow in your situation. Check out the website.

Regards