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Is property registration through notary legal


03-Aug-2023 (In Property Law)
My father and his brother bought a 6 cent land in our ancestoral village and registered on their name combinedlyin year 1990. Later my father bought the share of his brother at market price and instead of getting it registered, he simply got it signed by his brother and got it notarised. This happened in 2010. Later in 2015 the notarised document has been submitted in registered office in absence of his brother and registration penalty paid. Is this a valid process or what more to be done legally as per procedure.
Answers (2)

Answer #1
872 votes
Hi
If the registration penalty is paid, then the notarized document is to be construed as a sale deed.
however we need to see the document and also the details of registration penalty paid for us to provide you an exact answer to whether the paper is legally a sale deed under transfer of property of act.

Answer #2
845 votes
Sir,
In this instance , buying immovable property by notary is not valid in law as no right title or interest in immovable property can be acquired by a buyer through unregistered sale deed which a notarized deed
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Krishna Murthy Pasupula| Advocate| Hyderabad|
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