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Manoj Kumar (officer)     19 October 2013

Unregistered sale deed

I had bought a property from my neighbors in 2007.at that time we made an agreement/sale deed on a 100 rs stamp paper that the property was sold to me... out of trust and respect on my neighbor i didnt register the sale deed.. but the sons of the the neighbor claiming the property as it belongs to them... my question is to what extent legally i ve right on that property with an unregistered sale deed?????????


 9 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

An unregistered Sale deed is not a valid document and such a sale is not binding.  You may produce it as an evidence before the court and seek court's intervention to direct the vendor to execute and register a sale deed in your name, since this is not an agreement, time is not essence for this, hence it will not attract limitation clause.  Consult a lawyer and proceed as per his advice.

Nitisha Jain (Associate Lawyer)     19 October 2013

Since the Sale Deed is not registered, it is not legally binding on the parties. There could have been an option to regularise it had there been no dispute with the consent of both the parties.

However, since there is a dispute, you may have to file a title suit in the court.

Sudhir Kumar, Advocate (Advocate)     19 October 2013

you have no right. as you said the document (which you call sale deed) is not registered and not paid proper stamp duty. Even a centimeter of land is not transferred without registry.

Manoj Kumar (officer)     19 October 2013

thank u for ur valuable suggetions........

Actually it is an unpartitioned ancestral property ... at the time of agreement my neighbor sold  his part (what he gets when partition done)  to me..... still it remained as unpartitioned property....now they are planning for partition.... so the dispute arose...........will this add anything to my case?????

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

Please follow it up till the partition is completed and your vendor's share is registered on his name and immediately ask him to execute a registered sale deed on your name, that is the only way you can resolve the issue for the present.

Ad Amjad Ali (Advocate )     19 October 2013

In my views , all rules regarding unregistered sale deed were covered by expert lawyers, 

Sudhir Kumar, Advocate (Advocate)     19 October 2013

repeated https://www.lawyersclubindia.com/forum/Unregistered-sale-deed-90712.asp

Sudhir Kumar, Advocate (Advocate)     19 October 2013

repeated https://www.lawyersclubindia.com/forum/details.asp?mod_id=90712&offset=1

Rajiv Mahajan (Proprietor)     24 October 2013

I have entered into unregistered sale deed, on the 100 rupees stamp paper,  with Party X for a sum of Rs. 1 Crore, having given an advance amount of Rs. 55 Lakhs on 19th July, 2013.  The balance to be paid at the time of Registration of the property.  On being called up for the registration of the property, the party is demanding 20 Lakhs more.  Please advise me what to do.

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