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Srinivasa   14 April 2017

Unregistered sale deed validated after 16 sixteen years

Hi

We are facing a situation where in document has been fabricated as if it was executed in the year 1988 but not registered then

the vendor and the vendee have colluded to get this validated in the year 2006 but the vendor has already sold this land to other vendees in the year 1989 itself.

What is the validity of such documents?

Now the vendee of the 1988 document has sold it anothe person who is create chaos

 

Kindly advise



Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 April 2017

Sir, 

 

Challange the document and sale of the property..... If required you can file the case of the cheating as well as forgery. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450, 9911218741

https://kapilchandnaadvocate.wordpress.com/

Srinivasa   14 April 2017

Hi

Thank you for your prompt reply.

I was wondering if there are any precedents for this that we can use to speed up the process in the courts.

 

rajeev sharma (Advocate Ex senior manager law )     14 April 2017

you have not mrntioned your status in thr deral haence it may not be examined from your prospective.On thew basis of the facts narratedd by you

1. The unregistered sale deed gave no title to purchaser in the property hence any sale deed executed by vendor subserquentky is valid if properly registerd,

2. The sale deed executed by vendor in registered sale deed is illegal as he was not having any title on the property.

3 You have mentioned some validity was given to sale deed in the year 2006 when the vendor in unregistered sale deed had sold the property in 1989 so he was not having any right or title to execute any document regarding land. Based on all these facts you may asses your position

Srinivasa   14 April 2017

Thank you. Just for your information this is the flow
1. Vendor sells out the land to 37 buyers. 1989,1990 (all registered)

2. Same vendor Creates a fabricated document in 2006 dated 1988.

3. Validates the document in 2006

4. Sells the property based on this validated document.

I am one of the purchasers who purchased land in 1989 via a properly registered sale deed

BR

Srinivasa

rajeev sharma (Advocate Ex senior manager law )     15 April 2017

If you have purchased the land in in 1989 thtough a valid registered sale deed and the seller was ahving the right to sell the land then yoy are a valid title holder.

From your quarry it is still not clear how the seller created a dale deeed subsequentlly in 2006 purporting to exit since 1988 and got it validated too.

how he created the deed and and by whom he got it validated ?

 

Srinivasa   15 April 2017

The Vendor bought an old stamp paper (1988)  illegally and executed it as an unregistered document (as if it was executed in 1988) and then had it validated in the sub registrars office in 2006.
Now the vendee of this document has sold the property based on this validated document.

As far as i have browsed the maximum time that a document can be validated in 1 year and anything beyond that it cannot be used as a parent document for further documents.

Kindly advise

 

Srinivasa   15 April 2017

Registration: According to Section: 17 of ‘The Registration Act, 1908’, the registration of a tangible immovable property is compulsory if the value of the respective property exceeds rupees 100/- and it is the registration of the property which makes the sale valid. For getting the registration done both the parties must be present before the jurisdictional sub-registrar office with the original documents within four months from the date of execution. A stamp duty has to be paid by the purchaser to the sub-registrar for getting the registration done. A certified copy of the registration document to be obtained for the future reference

 


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