LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I re­cently regis­tered a lease deed. How­ever, I no­ticed that the prop­erty de­tails are not cor­rectly men­tioned in the deed. Am I al­lowed to cor­rect the er­ror? How can I do it?

—Ravi Bhaskar Once a doc­u­ment is regis­tered, any ad­di­tions, omis­sions, rec­ti­fi­ca­tions and mod­i­fi­ca­tions in the doc­u­ment is pos­si­ble only through a rec­ti­fi­ca­tion deed. A nom­i­nal stamp duty is payable on the rec­ti­fi­ca­tion deed. Fur­ther, such a rec­ti­fi­ca­tion deed must be duly regis­tered with the con­cerned sub-regis­trar. I have en­tered into an agree­ment to sell for buy­ing a prop­erty in Delhi. In terms of the agree­ment to sell, I have also made a pay­ment amount­ing to 90% of the to­tal con­sid­er­a­tion. I am in phys­i­cal pos­ses­sion of the prop­erty. How­ever, be­fore I could com­plete the pay­ment, the seller has re­fused to move for­ward with the sale and wants to evict me from the prop­erty. Do I have any reme­dies against the seller?

—Dhi­man Sahi The pro­vi­sions of Trans­fer of Prop­erty Act, 1908, pro­tect the buyer who has in fur­ther­ance of agree­ment to sell re­ceived pos­ses­sion of prop­erty and is will­ing to ful­fill his obli­ga­tions with re­spect to the sale. This rem­edy is avail­able only in the case the agree­ment to sell is regis­tered. How­ever, you can still file a suit for spe­cific per­for­mance of agree­ment to sell and seek ex­e­cu­tion of the sale deed in your favour. Fur­ther, you may please check when the agree­ment to sell was ex­e­cuted and if the time limit pre­scribed for reg­is­tra­tion of an in­stru­ment un­der the ap­pli­ca­ble law has not lapsed, then you may get the agree­ment to sell regis­tered. My wid­owed mother ex­e­cuted a gift deed of one of her prop­erty in my favour a year ago, which was not regis­tered. There­after, I al­lowed my mother and brother to stay in the prop­erty. Now my mother has ex­pired and I have asked my brother to va­cate the prop­erty. How­ever, he has re­fused to do so. How can I get back pos­ses­sion of my prop­erty?

—Gauri Kumar As per ap­pli­ca­ble law, it is com­pul­sory to reg­is­ter the gift deed of an im­mov­able prop­erty. Un­reg­is­tered gift deed does not trans­fer and con­fer any ti­tle in the prop­erty in favour of the trans­feree. Ac­cord­ingly, you can­not claim ti­tle in the prop­erty on the ba­sis of the said un­reg­is­tered gift deed.

You may fur­ther note that since the gift deed is not regis­tered and the time pe­riod for reg­is­tra­tion of a doc­u­ment as pre­scribed un­der the ap­pli­ca­ble law has al­ready lapsed the gift deed can­not be regis­tered now. The au­thor is a se­nior part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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