Know Real Estate Investing

29/11/2024

Celebrating my 10th year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉

14/12/2020

Registration of sale agreement no bar to sell property to third party’
It is for the buyer to make reasonable enquiry, says HC
27/11/2020.Hindu News paper...for information.

Mohamed Imranullah S.CHENNAI

Registration of a sale agreement, expressing willingness to sell a property to a particular person on receiving full payment in future, will not be a bar for the property owner to go ahead and sell or transfer the property to a third party without getting the sale agreement annulled through a civil court decree, the Madras High Court has ruled.

A Division Bench of Justices C.V. Karthikeyan and N. Sathish Kumar held that the law does not empower Registration Department officials to insist upon court orders annulling sale agreements, if there were any, before registering sale deeds, gift deeds, settlement deeds or any other property transfer document executed by the owner.

‘Caveat emptor’

Answering a reference made to them by a single judge of the High Court, the Division Bench said: “It is for the buyer or subsequent transferee to make a reasonable enquiry. Doctrine of caveat emptor (let the buyer beware) will also apply to every transfer. It is for them to verify the title of the property by making necessary enquiry.”

The judges went on to state: “At any event, subsequent transfer will always be subject to rights already created. Therefore, it cannot be said that merely because agreement for sale is registered, subsequent transfer is prohibited and cannot be registered without obtaining a decree of declaration that such agreement is void.

“We hold that Registrar has no right to refuse to register the subsequent document on the basis that agreement of sale was already registered in respect of same property.”

Special cases

Authoring the verdict, Justice Kumar pointed out that the Registration Act of 1908 empowers the Registration Department officials to refuse registration of a document only in limited number of circumstances and does not accord them any omnibus power.

26/07/2020

பத்திர பதிவில் சூப்பர் மாற்றம்.. ஆக. 1ம் தேதி முதல் பத்திரபதிவு செய்தவுடன் பட்டா மாறும்! சென்னை: தமிழகத்தில் ஆகஸ்....

22/07/2020

மனை அங்கீகாரம் கட்டிட திட்ட அனுமதி வரன்முறை சட்டம் ஒற்றை சாளர முறை அனுமதி அரசு விரைந்து நடைமுறைப்படுத்திட வேண....

09/07/2020

The Supreme Court has observed that non payment of a part of sale consideration is not a ground for cancellation of a registered Sale Deed.The Court was considering the appeal filed against the...

11/02/2020

Simplified ease of patta mutation implementation.

Since no one can go to the taluk office for patta name chnage, the patta (bond) change is automatic with the patta holder.

19/12/2019

The city of Chennai is likely to get a second airport at Parandur village in Kancheepuram district. This location is deemed to be the most preferable site for the construction of the airport.

15/03/2018

The state has notified the expansion of Chennai Metropolitan Area by expanding its planning jurisdiction and the expanded area would comprise whole of Kancheepuram and Tiruvallur districts besides Arakkonam and Nemili taluks from Vellore

21/07/2017