For any flat purchased in a co operative housing society on or after December 1985  it is required to pay stamp duty on market value at the time of signing the agreement itself. However, prior to 10th December 1985  such transactions of agreement for sale required a stamp paper of Rs.5 only at the time of signing the agreement.

2)

Under section 4 of Maharashtra Ownership Flat Act,1963, registration of agreement is mandatory.

3) If more than eight months have passed since execution of document then the

document cannot be registered. However to safeguard and protect the interest of the

purchaser from any claim by seller or his legal heirs in future both the parties to the

documents should prepare a deed of confirmation and the said document should be

attached as an annexure to the said deed of confirmation. Both the parties should

register the deed of confirmation to which the original agreement has been annexed.

you can request legal heirs of seller to execute deed of confirmation 

obtain NOC from society for sale of flat 

no dues certificate 

- Without a tile document no purchaser can purchase the property even there is an agreement for the same available.

- Further , if the seller is not alive then you cannot enter into any agreement with him presently. 

- Further , a society share certificate is not a tile deed .

- However, you can approach his legal heirs for executing a registered documents in your favour. 

- If no legal heir ,then file a suit for adverse possession before the court for declaring the owner of the property . 

The unregistered sale agreement is not a valid document to prove your title to the property that you intend to sell now.

In fact you do not have clear and marketable title to the property hence you cannot execute a registered sale deed in favor of the prospective buyer.

You may have to first get the property registered to your name in order to enable you to sell the property to a third person.

Moreover the sale agreement itself is not a title document. 

Only a registered sale deed is considered as a title document to enable you to transfer your rights in the property in favor a prospective buyer by executing a registered sale deed.

If the vendor is not alive then his legal heirs may be approached to execute the registered sale deed in your favor,

You first issue a legal notice to the vendor to execute the registered sale deed in your favor, if he is reported to have died then you may approach court with a suit for specific relief of specific performance of contract directing the legal heirs of the deceased vendor to execute the registered sale deed in your favor on the basis of the sale agreement and other relevant documents in your possession including the proof of your possession and enjoyment of the property. 

Sale deed is not registered 

hemce advised you to get deed of confirmation executed by legal heirs 

Their presence would be necessary during registration 

You have two options

1. Execute a rectification deed / confirmation deed in favour of you by the legal heirs of deceased seller. It confirms that they have no right, interest, or title to the property transferred which belongs to the purchaser/transferee. Also, a copy of the principal deed should be annexed to the deed of confirmation.
2. File a declaratory suit to declare that you are the absolute owner of the flat or file suit under Section 13 of Specific Relief Act. The essence of Sec 13 is that if the vendor or the seller does not have a perfect title over the property, upon perfection of his title, the purchaser can compel him to execute the sale. This corresponds to Section 43 of Transfer of Property of Act

According to Section 17 of the Act, any deed confirming any interest in immovable property needs to be registered. The confirmation may be given either by acquiescence, by limitation, or by deeds. A confirmation deed attracts stamp duty. In case the main document is registered or to be registered, the corresponding confirmation deed also requires registration.

Your title is not clear 

Without a registered document you will not get buyers 

You will need a duly stamped and Registered sale deed

The stamp duty will have to be paid as per present rates 

If the seller or his heirs are not available then you will have to file a declaratory suit in Court and obtain a decree for registration of the agreement/sale deed 

Without a registered sale deed on your name you cannot claim title to the property even though the property was sold through the cooperative housing society. 

If the vendor is not alive then his legal heirs have to jointly execute the registered sale deed in your favor. 

They are required to be present before the registrar or can be represented through their power of attorney agent. 

You need registered document to confer clear and marketable title to property 

You are owner of the flat but have no absolute ownership.You have no vested ownership. You have a contingent ownership, which means  when the title of the owner is yet imperfect but is capable of becoming perfect on the fulfillment of some condition. 

Share certificate is enough as the society has accepted you as owner of your flat

Until and unless you do not have a registered deed on your name you may not be able to claim title. 

The society may demand the title deed on your name besides share certificate at the time of redevelopment. 

How will you prove your title then. 

The share certificate is not a title document. 

Dear Sir,

1. It is always safer to register the house.

2.The registered records prove the sale or transfer even if you lose the document or it is destroyed

3. Although, registration is NOT MANDATORY

4. No, you will not require the heir to physically come to the registrar office. The sales deed is valid and there is no necessity to get it revised. You shall not be bound for the retrospective application of law

5. In the last question that you have asked, it is always safer to have a registered document, although share certificate is enough to get the benefits of redevelopment.

Thank you

God Bless

- Yes, a flat purchased through an agreement for sale on or before 9-12-1985 required stamp paper of Rs. 5 only

- Hence you have a clear title of the property , and no confirmation needed from the last owner , and you can sell the property on the ground of Rs.5/- stamp paper. 

You can contact me, if further suggestion needed . 

It's better to register it by paying the stamp duty and registration now before selling as it will give good title to buyer.