Unregistered sale deed whether valid for mutation?

[Anonymous]

Can mutation of a property take place with revenue authorities if it is based on an unregistered sale deed? The sale deed is signed by seller, purchaser and two witnesses, but it is not registered.

[Dr. Ashok Dhamija]

As per the provisions of Section 54 of the Transfer of Property Act, 1882, and also as per the provisions of Section 17 of the Registration Act, 1908, sale of an immovable property whose value is more than Rs. 100 can be made only by way of a registered document. Thus, registration is compulsory for sale of an immovable property if its value exceeds Rs. 100.

In view of this, mutation on the basis of unregistered sale deed of an immovable property (presuming that its value is more than Rs. 100), will not be possible. It is required to be registered first.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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