Legal Question in Real Estate Law in India

sir. me my husband and son are joint owners of a property .we lost orignal sale deed.we have xerox copy of it nd cc.my husbands work in u.k.. we want to sell the property. can i sell the propert by convrtng sale deed to notarized one. ( my husband and my son will sell the property on my name nd then we will make it notarzed. with that notary papers can i sell d house.


Asked on 9/08/13, 10:52 pm

3 Answers from Attorneys
Jayesh Desai Jayesh Desai

NO. You can apply for a Certified Copy from the Sub-Registrar of Assurances; and based on then further sale can be done. If your Husband and Wife Sell it to you and you sell it to a third party - both the transaction will attract Stamp Duty as well as Capital Gains. Take proper legal advise - before initiating any transaction - to avoid future problems.

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Answered on 9/09/13, 5:39 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

even if you lost the original sale deed, you can apply for the certified copy of the same. sale deed cannot be notarized and there has to be a registered sale or gift deed in your favour as per registration act.

Thanks and Regards

Adv. Rajiv

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Answered on 9/09/13, 8:31 am
Fca Prashant Chavan Expert Edge LLP

09.09.2013

Dear Sir / Madam,

There is absolutely no need to notarize any documents. You can simply sell the property to a third party, with the signatures of your husband, yourself and your son on the Sale Agreement. An attested true copy of the property papers can be obtained from the Tehsildar / District Registrar's Office on payment of the prescribed nominal fees.

Regards,

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Answered on 9/09/13, 10:50 am


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