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Specific format of sale deed to be executed by commissioned


29-Nov-2023 (In Civil Law)
High court of Delhi gave a decree that the registry of a house should be done in our name. However, the other party did not comply this order of the high court. So the Delhi high court appointed a commissioner for the execution of the deed and asked us to submit the sale deed papers in court. We did the same. However in the hearing post submission of sale deed by us, the court mentioned that sale deed is not in the correct format. It mentioned that the "sale deed filed by the decree holder does not show the counsel for the decree holder to have drafted the same as is executed by a commissioner appointed by the court in pursuance to a decree of a specific performance " My question is there a specific format available when deed is executed by the commissioner appointed by the court and where it can be available ?
Answers (2)

Answer #1
733 votes
Sir, first and foremost congratulations for receiving a favourable order in your favour. Sir, the commissioner appointed by the Hon'ble court himself will execute the sale deed on the payment of fees as fixed by the court. The format must be available with commissioner so appointed by the Hon'ble court. You must mention this before the court if you find any problem in executing the same.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

LawRato Delhi | 400+ Answers
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Answer #2
789 votes
hi we can help you with the case. we specialise in these types of civil cases. please don't hesitate to contact me back if you want any further assistance. you can definitely seek an expert opinion in this regard.
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Advocate Anupam Kumar Mishra

Adv. Anupam Kumar Mishra

LawRatoDelhi | 25+ Answers
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gog
under which provision court appointed Commissioner for execution and registration of sale deed

Reply by LawRato
The provision for the court-appointed commissioner for execution and registration of a sale deed is typically governed by:
- Section 28 of the Specific Relief Act, 1963, which empowers the court to appoint a commissioner for the execution of any decree or order for specific performance.
- Order 26 Rule 9 of the Code of Civil Procedure, 1908, which empowers the court to issue a commission for the performance of any ministerial act, such as execution and registration of a sale deed.
- Order 21 Rule 34 of the Code of Civil Procedure, 1908, which empowers the court to direct the judgment-debtor or any other person to execute and register a sale deed in favour of the decree-holder or his nominee.
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