unregistered sale agreement and subsequent sale agreement
SB
(Querist) 11 December 2010
This query is : Resolved
what is the legal validity of 1) an unregistered sale agreement 2)another unregistered sale agreement based on the s.no. 1 agreement.
What legal sancitity holds for a third party who as acquired the same property thru registered sale deed , taken possession, and got it mutated and constructed over it during existence of validity of the sale agreement ( S.No. 1)
Arun Kumar Bhagat
(Expert) 11 December 2010
Third party is totally safe. Only the vendor shall be held responsible to the person with whom he made agreement.
B K Raghavendra Rao
(Expert) 11 December 2010
Once the registration of a sale deed is complete, the purchaser is safe so long as it is not challenged in a court of law and order for cancellation of sale deed are not passed.
The Vendor has cheated those persons who had earlier entered into sale agreement and therefore he is liable for action by those who had paid money to him for purchase of the property.
sachin sethi
(Expert) 11 December 2010
I agree with the experts,,,,,but one more thing I would like to add that (not in your case as the possession is delivered to the third party) the agreement must be registered if the possession of the property has been delivered through the agreement and the same contains a recital in that behalf,,,in view of amended provisions of Indian Registration Act, section 17 (1)(a) w.e.f 2001 and section 53-A of Transfer of Property Act.....
Khaleel Ahmed
(Expert) 11 December 2010
Query lacks the necessary information about the registered sale deed executed by whom in favor of third party.
SB
(Querist) 13 December 2010
Sincere thanks to all the eminent persons having replied to my query.
To reply to mr. khaleel Ahmed - The original seller has registered the sale deed in favour of party no. 3.- now your opinion sir.
Also now when party no. 1 and 2 have filed a suit against the original seller and party no. 3 and prayed for cancellation of sale deed, and possession , and specific performance of contract, 1 - Can the registered sale deed be quashed 2) can the court pass a decree for specific performance against party no. 3
