• Registry of property

We, got registry of land with payment of applicable stamp duty, but by mistake deed no was not mentioned
whether it make registration. in valid or void or we have pay some penalty or to pay stamp duty again
rgds [deleted]
Asked 2 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

Lawyers are available now to answer your questions.

21 Answers

A document cannot be registered by the registration department without allocating the deed number.

If it was the fault of registration department then you can get it rectified through them without any additional cost and if it was due to fault on your side then you may have to get a rectification deed executed by paying the applicable costs.

T Kalaiselvan
Advocate, Vellore
87829 Answers
2365 Consultations

  1. A simple receipt containing the "Challan Identification Number (CIN)" issued by the authorised participating bank, the "Government Reference Number (GRN)" issued by the Government Virtual Treasury and the reconciled data regarding the amount paid relating to it together shall be treated as sole proof of payment of Stamp Duty or Registration Fee and other charges.

    Explanation— No receipt of e-payment shall be treated as a valid proof of payment, unless the details of instrument for which it applies, tally overall with the details provided by the payer while making payment.

Ajay Sethi
Advocate, Mumbai
97628 Answers
7902 Consultations

No need to pay any stamp duty if document number is not mentioned by the office of Registrar. Resubmit the document  for getting the document  number. It is mistake on the part of Registrar, they will correct it. If the number of link document  is not mentioned,  you have to register a rectification deed with seller. Stamp duty of such rectification deed is 100 rupees.

Ravi Shinde
Advocate, Hyderabad
4493 Answers
42 Consultations

If the error is due to the seller then you may issue a legal notice to him and demand him to rectify the error by executing a registered rectification deed.

If he is still not complying with the same you may approach the concerned registrar directly with a rectification deed and follow the laid down procedures in this regard.

If the registrar is also not cooperating then you can approach court with a suit for specific relief against the seller.

T Kalaiselvan
Advocate, Vellore
87829 Answers
2365 Consultations

You can pay stamp duty again 

Ajay Sethi
Advocate, Mumbai
97628 Answers
7902 Consultations

The title deed in your possession appears to be defective in the absence of deed number printed on it.

Then if you are not able to rectify this error at this stage you may perhaps face serious issues in this regard at a later stage, hence better make the things alright now itself instead of lamenting over it at a later stage.

T Kalaiselvan
Advocate, Vellore
87829 Answers
2365 Consultations

There is no proof of payment of stamp duty by you 

 

although you have registered sale deed payment of stamp duty is necessary for registration of sale deed 

Ajay Sethi
Advocate, Mumbai
97628 Answers
7902 Consultations

You can file suit under Section 26 of the Specific Relief Act the seller for carrying out rectification if he is not cooperating.  Court will direct the Sub-Registrar to carryout rectification without seller. You have to pay nominal Court fee and 100 rupees as stamp duty. It not clear from your question what exactly is to be corrected. If that is known appropriate advise can be given.

Ravi Shinde
Advocate, Hyderabad
4493 Answers
42 Consultations

You can file suit to set aside sale of land 

 

seek injunction restraining buyer from selling the property 

Ajay Sethi
Advocate, Mumbai
97628 Answers
7902 Consultations

- If the stamp duty is paid and the sale deed having not such clause , then it needs rectification after executing a Rectification deed , however the presence of both the parties is necessary before the registrar .

- If the seller is not ready to execute the rectification deed, then you can issue a legal notice to him for the same , and if no response then approach the court.

- A sale deed is not valid in the absence of stamp duty 

Mohammed Shahzad
Advocate, Delhi
14788 Answers
225 Consultations

The non mentioning of the POA Deed number in the sale deed.  but your mother's name as a purchaser is mentioned directly then the property is deemed to be  bought  directly on her name means that this property was purchased on her name and not on your name. 

T Kalaiselvan
Advocate, Vellore
87829 Answers
2365 Consultations

Dear client I am sorry to hear that but in this case I am afraid to say that it will make deed void.

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

You can get it corrected by a rectification deed in the said matters 

Prashant Nayak
Advocate, Mumbai
32951 Answers
210 Consultations

Seller has to file suit to set aside sale deed 

 

however claim of seller would be barred by limitation as 20 years have passed since execution of sale deed 

Ajay Sethi
Advocate, Mumbai
97628 Answers
7902 Consultations

The seller cannot execute any rectification deed because there's no error committed by him. 

If the property was sold on your mother's name directly then it becomes her own property and upon her intestate death it shall devolve on her legal heirs. 

Any case that you may propose to file before court may not be maintainable. 

T Kalaiselvan
Advocate, Vellore
87829 Answers
2365 Consultations

Yes

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

You can purchase land on basis of power of attorney executed in favour of family member 

 

POA should be duly stamped and registered 

 

if POA os done in favour of non family member it attracts higher stamp duty 

Ajay Sethi
Advocate, Mumbai
97628 Answers
7902 Consultations

The power agent can purchase the property on behalf of the principal on the basis of the registered GPA deed 

T Kalaiselvan
Advocate, Vellore
87829 Answers
2365 Consultations

Yes it is valid

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

- If the property is in possession of the purchaser , then he can be declared owner of the property after filing a Declaration suit before the Court 

- The GPA is valid for the transfer of property , if it is executed by the family member. 

Mohammed Shahzad
Advocate, Delhi
14788 Answers
225 Consultations

You need to approach court of seller is not ready 

 

 

 

 

 

Prashant Nayak
Advocate, Mumbai
32951 Answers
210 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer