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Non-Registration of Commercial property, what are legal rights?
11-May-2023 (In Civil Law)
I have purchased a shop in a building in the year 2004 for Rs.3 Lacs.An agreement was made in the same year.The possession of the shop has been given in 2010 and presently I am running my business from the shop for the past 7 years.Due to some financial problems I could not register the shop in my name.A year ago when I approached the landlord for the registration,he denied as he does not want to give the documents required for registration.As such,nearly eight months ago I have send him a legal notice.But he has not replied yet.Also I would like to mention that the amount was paid in installments.But out of Rs.3 Lacs,I have got receipts for only Rs.2 Lacs as the remaining amount for Rs.1 Lac was paid without receipt on the basis of good faith.Kindly advice what to do.Also,if I file a case against the landlord will he be able to demand the amount for which I do not have any receipt?
For purchase of any property a sale deed is required to be executed and registered. Your agreement of the year 2004 if is an agreement for sale then you ought to have filed a case for specific performance of contract within 3 years. Of course when you have the possession you can claim protection of part performance of contract and file the case. But you shall have to pay remaining amount for which you don't have any proof.
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Adv. Supratim Deb Purkayastha
Guwahati | 25+ Answers
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You have failed to honour the contract you made with the owner of the property . Hence he is within his rights if he does not wish to execute sale deed ,as promised money was not paid. You execuse of having paid the full amount but receipt was not available does not cut any ice in the court of law.
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Adv. GK Gupta
Guwahati | 100+ Answers
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File a civil suit for specific performance of the said agreement. And yes you might to have pay again the amount paid without recipt if you don't have valid witnesses of paying it. And lastly Don't worry about the registration,the court shall do it if the landlord denies upon you obtaining a decree for it.
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Adv. Lahul Hussain Hazorica
Jorhat | 25+ Answers
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