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Agreement to sell

(Querist) 23 December 2009 This query is : Resolved 
In which cases registration of an agreement to sell is compulsory?
Ashok Yadav (Expert) 23 December 2009
It is not compulsory in any case, it depends upon the parties to agreement, if they want to regd. it they can or if they dont want to regd. they need not to regd. the same.
prakash vathore (Expert) 23 December 2009
but it is always better to registered the agreement.
Raj Kumar Makkad (Expert) 23 December 2009
You asked circumstances making the registration of agreement for sale compulsory.

it is not the compulsion in transfer of property act to make registration of any such agreement as it is a mutually agreed way of action between parties to the agreement but the registered agreements generally attach good reliance than unregistered.

K D Pande (Expert) 24 December 2009
I, do not agree with the reply given by my borthers, as when possession of proerty is given to the proposed purchaser then agreement to sale should be registered.
Parveen Kr. Aggarwal (Querist) 29 January 2010


THE REGISTRATION AND OTHER RELATED LAWS (AMENDMENT) ACT, 2001
ACT NO. 48 OF 2001

[24th September, 2001]

An Act further to amend the Registration Act, 1908, the Transfer of Property Act, 1882 and the Indian Stamp Act, 1899.

Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-

Short title. 1. Short title.-This Act may be called the Registration and Other Related Laws (Amendment) Act, 2001.

Amendment of the Registration Act, 1908 CHAPTER II Amendment of the Registration Act, 1908

Insertion of new section 16A. ...........

Amendment of section 17.
In section 17 of the Registration Act,-

(a) after sub-section (1), the following sub-section shall be inserted, namely:- "(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882(4 of 1882) shall be registered if they have been executed on or after the commencement of he Registration and Other Related Laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.";



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