Can an unregistered sale deed be construed as an agreement for purpose of specific performance suit
lalit
(Querist) 07 May 2012
This query is : Resolved
can a duly executed, arising out of an oral agreement, but unregistered sale deed be construed as an agreement / contract between the parties in a suit for specific performance of a contract.
V R SHROFF
(Expert) 07 May 2012
If opp party refused to register the sale deed, one can file suit for sp performance including regn. of deed. One should have sufficient proof of contract, and payment by cheque and/ or receipt for consideration.
Adv.R.P.Chugh
(Expert) 07 May 2012
1. S.49 Indian Registration Act, 1908 - proviso categorically states that though normally an unregistered document (Compulosarily required to be registered) is not recievable in evidence and does not create any Right/Title/interest, but the same is receivable in a suit for Specific Performance.
Shonee Kapoor
(Expert) 07 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
lalit
(Querist) 07 May 2012
Specific performance suit has been filed.
ld. court has awarded permanent injunction.
it is time for framing the issues.
the deed has been executed by the defendant and he is not contesting the same, but is claiming that there was no agreement between the parties, so can the executed sale deed be construed as an agreement.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 May 2012
In the light of the analysis of section 17 of Indian Registration Act 1908 and a comparative study of section 17 and section 53-A and section 54 of the Transfer of Property Act 1882, it can be fairly concluded that -
(1) an incomplete deed of transfer, though not registered or even attested, is regarded, as a contract in writing but such a deed must have been signed by the transferor or his agent and an unregistered document, affecting immoveable property, required by the Transfer of Property Act 1882, or the Indian Registration Act 1908, to be registered, may be received in evidence of part-performance of a contract or as evidence of any collateral transaction not required by a registered instrument.
(2) a contract of sale in respect of immoveable property of the value of more than one hundred rupees without registration cannot extinguish the equity of redemption.
J K Agrawal
(Expert) 08 May 2012
An agreement to sale requires registration as per article 5 BB of the indian Stamp act.
An unregistered agreement to sale is not admissible in a suit of specific performance.
Section 53A of T P Act has been amended on 24-09-2001 and after that specific performance on basis of an unregistered sale agreement is not allowed.
Anirudh
(Expert) 08 May 2012
Dear Mr. J.K Agrawal,
I am afraid, Indian Stamp Act cannot say which document needs to be registered. Therefore I am unable to digest that Art. 5BB requires registration of An Agreement to sale.
While I agree with you that if any one is claiming part performance on the basis of unregistered agreement to sell, the same cannot be entertained, because of Section 17-A1 of the Registration Act.
But where one is not claiming any part performance, but simplicitor duly executed agreement to sale (but not registered - since it is not compulsorily registrable), where is the problem?
By the way, can you please paste Art. 5BB of the Indian Stamp Act, for my benefit.
Regards.
lalit
(Querist) 08 May 2012
Sir,
it is executed sale deed and not agreement for sale.
defendant executed the sale deed, but is not appearing for registration.
so can this executed sale deed be construed as an agreement between two parties in T.S. for specific performance.
Anirudh
(Expert) 09 May 2012
Mr. Lalit, the answer to your query is YES, loud and clear, provided you prove the document in the Court of Law.
