Legal Question in Real Estate Law in India

Dear Sir,

My father has purchased a plot from one of his collegue in a society land, 20 years back. But at that time he made only notary agreement, without a complete registration.

Now,

1. If the seller refuses to make registration on my father name what is the alternative and how to proceed to get registration.

2. Is the notary agreement has any legal validity and support.

3. Is the notary agreement accepted by registration Dept.

4. By using notary agreement my father get any rights on the property.


Asked on 10/18/13, 11:52 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

sir,

it would be advisable to see an expert on he subject as the expert will evaluate other facts related to it. There is a judgment of full bench of Supreme Court, Suraj Lamp case, which you will have to overcome. Ofcourse, on the face of it is to file a suit for declaration, possession and injunction against the seller collegue and the society.

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Answered on 10/18/13, 8:18 pm
Fca Prashant Chavan Expert Edge LLP

19.10.2013

Dear Sir / Madam,

1. Your father ought to have paid the Stamp Duty on the property and got it registered in his name in the record of the Tehsildar / District Registrar.

2. You should check the prevailing procedure for completing the registration with the Tehsildar / District Registrar.

3. Yes, the notarized Agreement will be a valid supporting documentary piece of evidence during registration.

4. No, it is advisable to get the property registered with the Tehsildar / District Registrar without any further delay.

Regards,

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Answered on 10/19/13, 3:42 am


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