Dear Sir, I have a property which I received by will after death of my brother by will.This bungalow is part of a co-operative society. The said property is purchased by my brother in April 1997 by a transfer deed which was not registered. Its actually on a Rs 50 stamp paper. Basis on which 7/12 extract and other documentation name changed has made. After my brothers death, I have transferred property on my name in 7/12 extract, Municipal Corporation and in society. I have share of society also on my name in 2009. During the course to sale of this property, I came to know that it has to be registered in city survey department. When I tried to make the name change to me, the property registered to the previous owner and when I have submitted all documents, they raised issue that the transfer deed is not registered hence they cannot change the the name from previous owner to my brothers name and hence cannot transfer on my name. Can you please help me to resolve this issue? Regards, Yashwant
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Hi, as the Transfer of Property act, Immovable property having value more than Rupees 100 it has to be registered before the Sub-Registrar then only it is valid transfer.
2. The property purchased by your brother is not a valid in the eyes of the law. The property had not been transferred to your brother so he can't be called as a owner of the property.
Ask original seller to execute deed of confirmation
2)enclose copy of in regd sale deed
3)deed of confirmation should be stamped and registered
1. Sale Deed is required to be registered compulsorily for conveying the title of the property thus sold.
2. Without registration, sale deed is not valid in the eyes of law.
3. Legally, your brother was not the title holder of the said property.
4. As per law nobody can transfer better title than what he is holding for which your brother has transferred to you no title since he held no title of the said property.
5. catch hold of the person who held the title of the property and executed the unregistered sale deed for getting the same registered in your name.
6. If he refuses to register the same, file a declaratory suit praying for a declaration that your brother was the owner of the said property which was not registered by its seller for which the Registrar should be directed to register the same in your name since it was bequeathed by you brother to you.
All, Thanks a lot for guiding me. As suggested by Mr. Krishna Kishore, I tried to catch hold to the previous owner and he is now no more. In that case how should I file a declaratory suit? His son / daughter seems to be shifted out and not traceable at all. Please guide. Regards,
All, Thanks a lot for guiding me. As suggested by Mr. Krishna Kishore, I tried to catch hold to the previous owner and he is now no more. In that case how should I file a declaratory suit? His son / daughter seems to be shifted out and not traceable at all. Please guide. Regards,
1) engage detective agency to trace the legal heirs of seller
2) file declaratory suit abd make the legal heirs parties to the suit
3) serve them at last known address
4) apply for substituted service ie paper publication if summons cannot be served
1. You shall have to trace out the legal heirs of the seller either for getting the sale deed in your favor registered by them or to file the declaratory suit making them parties.
2. If you don't find their present address, you can file the suit giving their last known addresses and publish the Summons in newspapers.
3. Without filling declaratory suit, you will not be able to get title of the said property.
You shall have to release the publications in two local Newspapers one being in Vernacular.
The transfer made on the unregistered sale deed is not valid inlaw.
You have to keep in touch with the original vendor and get the sale deed registered in your name by executing a registered deed.
I tried to catch hold to the previous owner and he is now no more. In that case how should I file a declaratory suit? His son / daughter seems to be shifted out and not traceable at all.
If the legal heirs of the deceased vendor also not available then you may have to file a declaration suit only by roping in the witnesses who signed the transfer deed.