177+ Lawyers are online 
Unregistered Flat Purchase Agreement of Owner
25-Sep-2023 (In Property Law)
We are in process of buying a Flat in Borivali Area in Mumbai City. The Current Owner had purchased this flat from a Individual Person via a Agreement in 1976 on Stamp Paper of Rs. 5, however he did not registered the Agreement. The Building was constructed in Year 1973. The Society got registered in 1978 and Society got the Conveyance in 1984, name of current owner comes in Conveyance Deed of Society. In short, current owner paid 5 Rs as Stamp duty on Agreement of Sale of Flat in 1976 and did not registered agreement, later society got registered in 1978 and he became founder member of Society, his names also comes in Conveyance Deed with Society. Now I have 2 Queries :
1. Did Owner paid sufficient Stamp Duty of Rs. 5 in 1976 ?
2. He did not register agreement in 1976 ? Is it ok if we buy this flat, OR we may have to pay penalty due to his non registration as he is 90 yrs old and do not wish to register old agreement now.
City Mumbai , Religion Hindu.
This is my response to you:
1. Did Owner paid sufficient Stamp Duty of Rs. 5 in 1976 ?
Answer: Before the date 10.12.1985, the stamp duty payable was Rs.5. Therefore the owner did not do any wrong. Though he should have registered the same.
2. He did not register agreement in 1976 ? Is it ok if we buy this flat, OR we may have to pay penalty due to his non registration as he is 90 yrs old and do not wish to register old agreement now. City Mumbai
Answer: As per Section 17 of the Registration Act a document executed in connection with immovable property and if the value of the property is more than Rs. 100/-, shall be compulsorily registered. The Sub Registrar is empowered to levy penalty not exceeding 10 times of the registration fees as the penalty. If property is not registered then there is no effective transfer of title and every such "owner" has an imperfect title.
Further in response to you:
1. You will have to pay the penalty for registration;
2. You can also ask the Office of the Sub-registrar regarding the penalty;
3. You can also confirm at this office on their toll free number: http://igrmaharashtra.gov.in
4. Consult a local lawyer and then only go ahead with the purchase.
1. Did Owner paid sufficient Stamp Duty of Rs. 5 in 1976 ?
Answer: Before the date 10.12.1985, the stamp duty payable was Rs.5. Therefore the owner did not do any wrong. Though he should have registered the same.
2. He did not register agreement in 1976 ? Is it ok if we buy this flat, OR we may have to pay penalty due to his non registration as he is 90 yrs old and do not wish to register old agreement now. City Mumbai
Answer: As per Section 17 of the Registration Act a document executed in connection with immovable property and if the value of the property is more than Rs. 100/-, shall be compulsorily registered. The Sub Registrar is empowered to levy penalty not exceeding 10 times of the registration fees as the penalty. If property is not registered then there is no effective transfer of title and every such "owner" has an imperfect title.
Further in response to you:
1. You will have to pay the penalty for registration;
2. You can also ask the Office of the Sub-registrar regarding the penalty;
3. You can also confirm at this office on their toll free number: http://igrmaharashtra.gov.in
4. Consult a local lawyer and then only go ahead with the purchase.
Helpful?
45+
45+
Adv. Gowaal Padavi
Mumbai | 500+ Answers
CONTACT NOW
Deemed conveyance charges
Conveyance deed from builder to society
How to get conveyance deed for society
conveyance deed charges
Conveyance deed charges in Navi Mumbai
How to check conveyance deed for society online
Conveyance Deed format
Latest news on conveyance deed in Maharashtra
Normally you need to personally meet the advocate for proper consultation with all the necessary document so he can guide you properly and as per your query every thing seems proper but still pay a visit to the Advocate office as it will safeguard your interest
Helpful?
25+
25+
Adv. Kushaan Solanki
Mumbai | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
