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Author Topic: Stamp duty paid but registration not done for second owner out of four  (Read 238 times)

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Offline T.A.

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Hi,

I've bought a property in Mumbai of which I'm the fourth owner. The flow of possession was as below -

1983 - 1st owner - stamp duty paid, registration done
1990 - 2nd owner - stamp duty paid, registration not done
1999 - 3rd owner - stamp duty paid, registration done
2010 - 4th owner - stamp duty paid, registration done

While purchasing, I had done all the checks as well as gotten a home loan for it from HDFC but the documents had been shown to be clear. However, recently when I was trying to transfer my looan to SBI, I was made aware that the second owner might not have registered the document.

What I would like to know is -

1. What effect can this have ?
2. Will it pose an issue when I try to sell my property ?
3. What can I do to correct this ? I've no idea where the second owner is and whether he is alive or dead or anything.

Kindly advise.

Offline adv.amarnath

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Apparently, on the basis of your post, I can say that As the second owner did not registered this Deed of Conveyance on that event he is not lawful owner and accordingly subsequent Deed of Sale all are invalid and has no effect.

Without going through the previous deeds and recitals of Deeds, I cannot advice you. Even no one can advice you correctly. Either you have to file a Declaratory suit or you have to register it once again/ a Deed of declaration from original/ 1st owner.

Above advice are only on the basis of your post. It may varies as I have not seen the Deeds as said above. ou can contact me for further consultation in details.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline T.A.

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But according to The Maharashtra Stamp Act provision, since stamp duty is paid proper document can be admissible as evidence in Hon. Court. Won't that be a factor ?

Also, this raises the question that how did HDFC go through with providing the loan if the documents were not clear? That would have been a red flag right there.

« Last Edit: May 29, 2017, 02:18:07 AM by T.A. »

 

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