Legal Question in Real Estate Law in India

Sir,

A flat in a co-operative society was sold to a buyer on GPA which was Notarised and executing a sale deed which was stamped and Notarised but not registered by the buyer by an oversight in the year 1990.. However the flat was given possession to the buyer by the seller in the year 1990, and continued to be in the possession of the buyer till date. The seller expired few years back. What are the defficiencies in the sale deed and the GPA given by the seller ? Flat is in Mumbai. What are the remedies for curing the defficiencies in the documents and how to cure the same.?

P.K Thomas

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Asked on 5/08/14, 9:08 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

08.05.2014

Dear Sir / Madam,

The buyer ought to have got the purchase registered in his name in the record of the Tehsildar / District Registrar at the time of purchase in 1990. However, the buyer will have to complete this process now, if he has to be recognized as the title owner of the property. The Tehsildar / District Registrar may insist that since the Seller is deceased, his legal heirs should sign the registration documents.

Regards,

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Answered on 5/08/14, 9:38 am


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