dhanasekhar (Assistant Manager) 03 August 2011

Validity of sale deed

hi sir,

this is dhanasekhar, my father Late A.Veeraswamy who made sale deed for plot in 2007 on 10/- bond papers to the purchers, he mentioned for 85000/- in this sale deed mentioned when ever tha purchesar asked for registration the vendor should do the registation, but the thing is that my father was expired on may 2011, this purchers came to us after the death of my father. the main matter is the govt value at preset is 250000/- for the total plot, but the market price is three times more the govt valuation. for registration the matter showing on the stamp paper is value of the plot is 250000/-, actually the sale deed is not registered and the original documets given to purchesar by vendor.

what should we do, we r not interested to register them for 85000/-, please kindly suggest regarding this issue.

regards,

dhanasekhar

09000115199

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 03 August 2011

You can deny to get the registration done and can retain your possession as no sale has been made rather it is an agreement to sale. Let the purchaser come forward and file the civil suit.

dhanasekhar (Assistant Manager) 04 August 2011

but the thing is that, the original document is with the purchesar, we r having only the copy of it.

dhanasekhar (Assistant Manager) 04 August 2011

that mean the sale deed is not valid.....

AAK (Advocate) 05 August 2011

The document executed by your father cannot be termed as sale deed. At the most it can be agreement of sale. To sell any immovable property the registration of that deed is mandatory. Otherwise its not valid. This involves lost of legal complecation, Firstly the document is not registered one even if he files a suit against your family he need to pay heavy stamp duty + penalty (if in karnataka under karnataka stamp act). Secondly he has to prove its due execution.. etc and lots of other legal complecations are there. You just deny the execution of any document by your father and if he files the suit contest it.