Agreement to sale

Shubhank Sanjeev (Querist) 11 January 2011 This query is : Resolved
I am a law student of first year and I want to ask that an agreement to sale a land requires to be registered or not?

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Amit Minocha (Expert) 11 January 2011
it is mandatory to be registered under the Registration Act, Stamp Act and Transfer of Property Act as well

Pritam Saini, Advocate (Expert) 11 January 2011
I dis agree with you MR.Amit because after amendment of 2001 in registration act agreement to sell is required to registered only when if possesion of land is delivered at the time of execution of agreement otherwise it is not mandatory.

Pritam Saini, Advocate (Expert) 11 January 2011
I disagree with Mr.Amit because as per amendment of 2001 in registration act agreement to sell is required mandatory registered only when if at the time of execution of agreement possesion of land is to be deliverd otherwise registration is not required mandatory.

Advocate Bhartesh goyal (Expert) 11 January 2011
Mr.Pritam Saini is absolutely right.As per amended Registration Act Sale agreement is required to register only when possession of property is delivered to purchaser at the time of execution of agreement otherwise not.

Amit Minocha (Expert) 11 January 2011
my both legal friends are right and infact I should have checked the author about the possession first. Thx for correcting me as well !

Advocate. Arunagiri (Expert) 11 January 2011
Nice suggestions by the experts.

Kirti Kar Tripathi (Expert) 11 January 2011
i agree with experts.

Shubhank Sanjeev (Querist) 11 January 2011
Thnx a lot to all of u. I was confused because I was told that an agreement to sell requires to be registered but while studying I came across the case of Asudamal Lakshmandas Sindhi v. Kisanrao Wamanrao Dharmale,(2004) 2 Bom CR 361.

Adv.Shine Thomas (Expert) 12 January 2011
If the possession is not handed over at the time of the sale agreement then it need not be registred.

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