1) sale has to be through registered sale deed
2) notarised MOU does not confer clear and marketable title to the purchaser
3) ask the seller legal heirs to execute deed of confirmation in your grand mother favour
Validation u/s 40 and 41 of Stamps and registration act
My Grandmother purchased 2 Acres land in 1987 Through a notarized MOU. At that time the property was in Civil dispute, the seller died in 2002. last month the case was decreed in sellers favour. We submitted the document for validation in Sub-Registrar office, if the document validated by SRO, what is the value of the document?
Asked 7 years ago in Property Law
Religion: Hindu
7 Answers
The seller was a Muslim and the buyer is Hindu (alive).
Asked 7 years ago
Religion of parties is immaterial
What is necessary is that sale has to be through registered sale deed only
sir, for validation any reportable judgements
Asked 7 years ago
You don't need any judgments in this regard
Just catch hold of seller legal heirs and ask the, to execute deed of confirmation in favour of your grand mother
If the court verdict is in favor of the seller then you can arrange to get the registered sale deed executed through the legal heirs of the seller as per the guidelines value fixed by the government. A notarised MOI cannot be a title document, you hav to get a registered sale deed executed in your favor by paying the applicable stamp duty and the registration charges, which can be enquired from the local SRO'
The seller was a Muslim and the buyer is Hindu (alive).
It is just another general transfer of property through a sale transaction by a registered sale deed, hence it will not involve religious sentiments to it.
The applicable stamp duty shall be the same under this circumstances too.
sir, for validation any reportable judgements
Since the court verdict is ion favor of the vendor, the legal heirs of the deceased vendor can jointly execute the registered sale deed now in favor of the buyer, what type of judgment do you require for this and what is the purpose, or yo going to fight any legal battle once again on it?
1. property was suit property at the time of sale so ownership shall be decided according to the ratio of judgment.
2. now according to judgment, seller won the case hence he had right to sell the property. now after the judgment buyer of the property has good title over the property by the virtue of judgment. religion of parties is immaterial.
