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Krishna Prasad (official)     08 February 2009

Validity of unregistered Sale Deed

 Is there any validity of an unrgistered sale deed executed for an agricultural land  in the year 1968 in Andhra Pradesh? If not what is the remedy available to effect that purchase and how to proceed?

Kindly let me know from experts



 21 Replies

PALNITKAR V.V. (Lawyer)     08 February 2009

Unregistered sale deed does not confer ownership. However, it can be used for collateral purpose e.g. to prove and protect possession. Since the sale deed is very old it can not be registered. If the seller is ready, get a fresh sale deed executed and registered.

Jithendra.H.J (Lawyer)     09 February 2009

what palnitkar said is right! unregistered sale deed does not confirm any title

sanjeev gupta (Advocate)     09 February 2009

Unregd. Sale Deed has no meaning, bacause unregd. document of immovable property has no value and not confirm u r the owner of the same.


 

Manish Singh (Advocate)     09 February 2009

I agree with the view put forth by Mr. Palnitkar but dont concur with other  frnd's views stated above.


unregistered sale deed posess the legal sanctity and in case it has  to be produced as an evidence we shall be liable to pay stamp duty and get it registered after paying some extra penalty by the order of the court.

adv. rajeev ( rajoo ) (practicing advocate)     09 February 2009

u/s 17 of the indian registration act registration is mandatory if any immoveable property worth more than Rs.100  un registered sale deed not at all valid

Ajay kumar singh (Advocate)     09 February 2009

If the consideration amount is less than Rs.100/- there is no need of registration. In other cases registration is must.

Manish Singh (Advocate)     10 February 2009

even where registration is mandatory and we dont register the said document, does not make the document invalid or unlawful in the eyes of law.

Rajalaxmi Dei (College Lecturer)     11 February 2009

Whether limitation applies to such documents or not? I doubt if there is provision for registration of the document which was executed over 40 years back, even after payment of the penalty under Stamp Act.

anil kumar (service)     12 February 2009

On the issue, while it is no doubt that a sale deed of an immovable property has got to be registered, however, the unregistered sale agreement/deed would be useful as a valid piece of documentary evidence to show the transaction between the parties and nature of possession of the purchaser. If the purchaser is in continuous, hostile and uninterrupted possession for 12 years and above (i.e from 1968 onwards) then his title gets perfected by the law of adverse possession. He can get declaration of title by filing suit if there is any threat of dispossession either  by its previous owner or otherwise.  He is also entitled to protect his possession by virtue of Section 53 A of the Transfer of property Act (being a case prior to the amendment brought in by the Registration & other related laws (amendment) Act, 2001). Moreover, if no time was fixed for registration of sale deed by the seller in favour of the buyer/purchaser and there has been no demand from the purchaser either then he can now serve notice to the seller (if alive) and/or his/ her legal heirs (if seller is no more) to execute and register sale deed of the property in favour of the purchaser or his nominee provided he has already performed his part of the contract and is still ready and willing to do so. On failure, he can file suit for specific performance and get the title document through court on obtaining a decree. Limitation aspects have to be taken care of so as to bring the suit within time. On the basis of limited facts the matter has been dealt with and could be futher analysed on knowing the complete facts.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     07 March 2009

to see law as on 1968 .  unregistered document with possession is suffice and paymnet proof and paymnet of agri tax recipt is sufficuent.


to see entery in land record made in the nmae of 1968 purchaser name.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 March 2009

Yes, Unregistered sale deed does not confer ownership. However, it can be used for collateral purpose e.g. to prove and protect possession. Since the sale deed is very old it can not be registered. If the seller is ready, get a fresh sale deed executed and registered. But as per the section  17 of the indian registration act registration is mandatory if any immoveable property worth more than Rs.100  un registered sale deed not at all valid

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 March 2009

Yes, Unregistered sale deed does not confer ownership. However, it can be used for collateral purpose e.g. to prove and protect possession. Since the sale deed is very old it can not be registered. If the seller is ready, get a fresh sale deed executed and registered. But as per the section  17 of the indian registration act registration is mandatory if any immoveable property worth more than Rs.100  un registered sale deed not at all valid

Y V Vishweshwar Rao (Advocate )     12 March 2009

 


I agree with teh views expressed by the aobve firends  regardign the vlaidity , rights - inrespect of the Un rEgistered  Sale deed .


The  Problem pertainign to  Agricultural Land in  Andhra Pradesh . -


The Remedy is  under AP Rights in Land and Pattedar Pass Books Act


Your Property is  situated  in AP , for all the un- registered Sale Deeds in respect of the Agri lands in AP , the purchasers are  expected to avail the benifits under the AP Rights in Ladn and Pattedar Pass Books Act .


Teh Purchasers are  entitled to  ROR BOOKS - Record of Rights on Agri Lands uder un-registerd sael deed.


Teh Purchasers  have to file a claim before the Mandal Revenue Officer concerned under whose Jurisdiction the agri Lands are sitauated and pray for ROR Title  Books , by paying Stamp Duty  as applicable on the  date  of Un Registered Simple sale Deed  


 Your claim is   already delayed , you can  pray for delay condonation by submittign reasonable grounds .


I  am of the view that your problem can be  solved under AP Ringts in land and Pattedar Pass Books  Act  - After  due enquiry by Recordign Authority under the ACt and on satisfying your Claim , the ROR Books may issued to YOU . 


Y V Vishweshwar RAO Advocate Warangal AP

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     13 March 2009

YES MY FRIEND ROA IS RIGHT AS PER LAW PREVAILING AT AP


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