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What is the validity of an unregistered sale deed?


02-Mar-2023 (In Property Law)
I have purchased a resale flat in Pune. I have entered into an Agreement to Sale with the owner and we have registered it at the Sub-registrar office. The owners of the flat are a Son and his mother and both were present during registration. The flat was mortgaged with one bank and in my Agreement to Sale, I have mentioned all the details pertaining to my own contribution (cheque numbers etc) so as to smooth the process of the bank releasing the documents. I am also availing a home loan for the rest of the amount from another bank. I have a sanctioned home loan. I was planning to register a Sale Deed and then get the disbursement from the bank. But now the Seller's mother who is also the co-owner, temporarily ill and hospitalized. What can be done ? 1) If my Agreement to Sale is registered, do I need to register the Sale Deed ? If Sale deed is not done, does it hamper the legal validity ? 2) Does subregistrar do a home visit ?
Answers (3)

Answer #1
866 votes
yes you need to register sale deed. Co-owner (mother) can give power to his son (owner) through power of attorney of her part of the property to deal with the same.
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Answer #2
763 votes
Sale Deed only get done for land not for flat.
Sale Deed means Conveyance Deed.
For flat there is only Agreement for Sale.
If it is plot/ land then Conveyance Deed/ Sale Deed should get executed and registered.
In your case if it is flat/house/block then no Sale Deed.
Sale Deed/Conveyance Deed will get registered in favour of Society for land on which the building/ buildings are constructed and this land will get transferred in the name of society.
Answer #3
559 votes
Following are the answers to your query:
1) Yes you need to register the sale deed as it will give you the title and ownership of the property.
2) Yes it will hamper the and you will not become an absolute owner of the property.
3) Yes you have consult the concerned sub registrar and request them, in such cases the charges from home visit are separate from the regular charges.

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