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Need advice on transaction of unregistered property
15-Jun-2023 (In Property Law)
I am a Hindu. My father since deceased had sold his flat in the year 1996. Till date the purchaser did not register the same even after repeated requests. Eventually the purchaser expired and now his legal heirs - wife daughter and son in law are threatening my widowed mother and myself to register the property immediately or face legal consequences. Kindly advice. Myself and my mother are the only legal heirs of my father. Can the legal heirs of the purchaser have the authority to threaten us with dire legal consequences? Please advise urgently and oblige.
You cannot be threatened to register the property. As the sale was effected long back in the year 1996, the purchaser is time barred in getting the property registered. However the terms of the sale, the consideration received, possession of the property are aspects to be considered.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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According to section 17(1)(b) of registration of documents act any property whose sale take place voluntarily or through the lifetime of seller and the value of property exceeds rs 100 it is required to be compulsorily registered. Sec 49 of the same act further clarifies that though unregistered documents cannot be enforced but it can be taken as corroborative evidence.
The sale deed between your father and the person must have mentioned who will bear the cost of registration of property and generally it is borne by buyer. The time period as per the act is 4 months from the date of execution . It has also expired. So as per legal records you are still owner if you have made your point clear in your query although you don't have possession. The buyer can't force you to get the property registered
The sale deed between your father and the person must have mentioned who will bear the cost of registration of property and generally it is borne by buyer. The time period as per the act is 4 months from the date of execution . It has also expired. So as per legal records you are still owner if you have made your point clear in your query although you don't have possession. The buyer can't force you to get the property registered
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Adv. Vandna Beri
Delhi | 25+ Answers
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