registration of deed and possession of property
lalit
(Querist) 10 July 2011
This query is : Resolved
X executes deed of conveyance in favor of Y, but doesnot accepts the cosideration saying that he would do so after or at time of registration of deed.
later X refuses to register the deed of conveyance on some pretext or other. 90 days have passed since then.
time running out.
Y is confident that X would not appear for registration even if summoned under regn, act provision.
what are the option left with Y who is prepared and willing to perform his part.
relief under registration act or specific relief act- which of these shall provide larger relief- registration and possession.
adv. rajeev ( rajoo )
(Expert) 10 July 2011
Relief under the specific relief act. Suit for specific performance of contract.
prabhakar singh
(Expert) 10 July 2011
IN MY OPINION YOU SHOULD EXHAUST REMEDY AVAILABLE UNDER REGISTRATION ACTChapter VII
Enforcing The Appearance Of Executants And Witnesses,BEFORE FILING THE SUIT,IT WILL CONFIRM YOUR READY AND WILLINGNESS AS AN EVIDENCE WHICH YOU WOULD NEED TO PROVE IN THE SUIT.
DEEPAK ASSOCIATES
(Expert) 10 July 2011
X executes deed of conveyance in favor of Y, but doesnot accepts the cosideration saying that he would do so after or at time of registration of deed. As envisaged under the Indian contract Act,1872 u/s 25 that the agreement without consideration is void unless it is in writing and registered under the law for the time being inforce for the registration of documents and is made on account of natural love and affection between parties standing in a near relation to each other, or unless
02) it is a promise to compensate, wholly or in part, a person who has already voluntrily done something for the promisor, or something which the promisor was legally compellable to do; or unless
03) it is a promise, made in writing and signed by the person to be charged therewith, or byhis agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits
Thus consideration is the intial and mandatory clause for a valid contract, in your case, the consideration has not been given, therefore, neither it is on account of love and affection, compensation or a debt. hence it is not come in the purview of contract to be enforcable.
If you are in the capacity to prove that the consideration has been paid even rupees 100/- then a suit under the specific perfomance may be institued to get the larger reliefs.
One more advices is that you have to present before the sub-registrar on the last dated and get your presence to show your willingness and readiness.
vinay vaidhya
(Expert) 11 July 2011
whether Deed of conveyance is registered one or not.Send a notice and invite him to do the act else you have file a specific performace suit
