Guitar Boy (Student) 02 December 2009

Unregistered Sale Deed

hi,

Well the case here is that my friends father had bought a house in a semi urban village of delhi from a person who owned it under his business proprietorship name and the sale deed was signed but not registered.

He still has the sale deed but is unregistered and the title when checked with the Land and revenue Records is still under the name of the Propreitorship he bought from. What can be done in this case for claiming the title of ownership.

The Proprietor who sold the house is not available and cannot be traced.

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2 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 02 December 2009

According to you the document is duly executed but not registered. In case of transfer of immovable property, registration compulsory and the sale deed becomes inadmissible in any legal proceeding if not registered. Even for mutation of records, you need sale deed.

You can appraoch the local sub registrar and present the deed for registration with the petition setting out the facts that the vendor is not traceable after execution. Under the relevant provision of Registration act, the registrar will decide the next course of action.

mukesh aggarwal (advocate) 17 January 2010

You may file a petition under section 36 of the Registration Act with the concerned Registering Officer requesting for calling the executant to get the deed registered.