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AROKIASWAMY (student)     16 September 2009

sale deed not registering in time

 

 Dear Sir
              Sale deed document has transferor, transferee & witnesses are signed, and it was filed for registering to the registration office but it was not registering. Then it was kept in register office since 1993 but it taken from registrar 2009 may. Sale deed has duly stamp duty & sale deed amount was given to seller. Buyer has any legal right to this issue for recover money or land?


Learning

 3 Replies

kranthi kiran (Works In Judicial Department)     17 September 2009

Be clear, whether the Registration Authorities have refused to cause registration or the seller and buyer failed to attend the Registration Office or any other reasons. If there is any dispute, the buyer can seek for specifif performance of agreement by filing a suit.

adeeb (LAW OFFICER)     18 September 2009

As per Section 23 of Registration Act time for presentation of document is four months from the date of execution, assumping the case to be that the document was presented well within the stipulated period but the registration was not successfully done. The reason for that may be gained form the books of records maintained at the registrar office containing details regarding non registration. However what seems to be a predicament is that why not either the buyer or the seller went for an appeal if the registration was refused. Needless to retierate that the limitaion period is also ousted.

Adeeb

Adinath@Avinash Patil (advocate)     14 October 2009

FILE CIVI SUIT FOR SPECIFIC PERFORMANCE


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