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Unregistered sale agreement value in court

(Querist) 28 September 2017 This query is : Resolved 
Hi
Mr. A had a property. Half of this property he sold to ME in 25 lac in Aug 2014 with registered sale deed. And other half he transferred to his son in Sep 2014. I bought this other half from his son in sep 2016 with registered sale deed. Both time i made payment by cheque. Now i got a summon from the court in sep 2017 regarding this property. Mr B has filed a case that Mr A had made unregistered sale agreement with him in jan 2014 and Mr B paid 35 lac in cash to Mr A and it was agreed that rest 15 lac he will pay by 30 sep 2014 to Mr A to get this property.
Now the question is-
1. Whether this agreement is valid in eyes of law?
2. I am bonafide purchaser of land and i had enquired from sub registrar office before buying the property and when i got everything clean, i purchased this property. Mutation is also in my name. Can Mr B make me party?
3.Mr A sold this property to me in Aug 2014 before the last date of sale agreement 30 sep 2014. May this act of Mr A give any harm to me?
4. Mr A has expired in Dec 2016, that is before the filing of case in court by Mr B. His son is also unaware about this agreement.
What should I do?
Please suggest
Kishor Mehta (Expert) 28 September 2017
Only a duly stamped, executed and registered purchase document is accepted as evidence in a Court of Law.
Guest (Expert) 28 September 2017
Question of legality of agreement is a secondary issue. In fact, to me your query seems to be quite a vague hypothetical problem with the following reasons:

A very vital information is missing from your query, i.e., on which specific date, Mr. B initiated any legal action against A as well as you with respect to his agreement with Mr. B and purchase of property by you!

Also, when Mr. A was still alive till December 2016, on what specific ground you bought the other portion of the property from his son, not from Mr. A, in September 2016?
Guest (Expert) 28 September 2017
Very rightly analysed by Mr. Jigyasu.
Advocate M.Bhadra (Expert) 28 September 2017
The Section 17(1A)[1] of the Registration Act, 1908 provides that “the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882, shall be registered if they have been executed on or after commencement of the Registration and Other Related laws( Amendment) Act, 2001 and such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A”.

Provided that an unregistered document affection immovable property and required by this Act or the
Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II if the Specific Relief Act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument”.bonfile purchaer

You can file a suit or case against the legal heirs of the land owner. You can seek relief to file a Consumer Complaint Case in Consumer Forum or Commission as the case may be, which is the best option other than Civil Court.
rajeev sharma (Expert) 28 September 2017
You say that that you purchased property from the son of A. How the property was transferred by A to his son need to be examined, because that will decide your title on the property. Your post is silent on this point.
The vires of unregistered agreement to sale has been sufficiently been explained by other experts herein above and i do not want to repeat that .
Guest (Expert) 28 September 2017
You are required to clarify the crucial points raised by Mr. Jigyasu, if you want right solution, provided if yours is a real problem, not an academic exercise.
Jay (Querist) 28 September 2017
Thank you all for your reply.
Mr. A transfer his land to his son via registered deed. However there were no stamp on it, reason being the Haryana govt has given complete exemption of stampduty if land is transfer among blood relation. Mutation was also done in his name. Then I purchased the land from his son and mutation came to my name from son.
Mr B filed a case against me and Mr A' son on 5 Sep 2017. While Mr A expired in Dec 2016.
Can this suit sustain against me while mr A is not alive.
Thanks and regards
Rajendra K Goyal (Expert) 28 September 2017
You have registered sale deed in your favor.

Oppose the claim of the other party, take assistance of some expert lawyer..

Jay (Querist) 28 September 2017
Date wise details-
1. Unregistered sale agreement between A and B in Jan 2014.......last date 30 Sep 2014.
2. Half land I purchased in Aug 8 2014 from Mr A.
3. Half land transfer to the son by A via registered sale deed in sub registrar office.
4. Half land I purchased from son in Sep 20 2016.
5. Mr A died in Dec 2016.
6.Mr B filed a case against me and his son in Sep 5 2017.

This is not for academic exercise. This is what has happened with me.
Please guide.
Kumar Doab (Expert) 28 September 2017
You have bought the other half that came into the hands of son of A by registered/valid deed from A.

To this extent your interest seems to be safe.

Kumar Doab (Expert) 28 September 2017
You have posted in your 1st post that:

"Now i got a summon
from the court in sep 2017 regarding this property. "



"Hi
Mr. A had a property. Half of this property he sold to ME in 25 lac in Aug 2014 with registered sale
deed. And other half he transferred to his son in Sep 2014. I bought this other half from his son in
sep 2016 with registered sale deed. Both time i made payment by cheque. Now i got a summon
from the court in sep 2017 regarding this property. Mr B has filed a case that Mr A had made
unregistered sale agreement with him in jan 2014 and Mr B paid 35 lac in cash to Mr A and it was
agreed that rest 15 lac he will pay by 30 sep 2014 to Mr A to get this property.
Now the question is-
1. Whether this agreement is valid in eyes of law?
2. I am bonafide purchaser of land and i had enquired from sub registrar office before buying the
property and when i got everything clean, i purchased this property. Mutation is also in my name.
Can Mr B make me party?
3.Mr A sold this property to me in Aug 2014 before the last date of sale agreement 30 sep 2014.
May this act of Mr A give any harm to me?
4. Mr A has expired in Dec 2016, that is before the filing of case in court by Mr B. His son is also
unaware about this agreement.
What should I do?
Please sugges"
Kumar Doab (Expert) 28 September 2017
So you have already clarified in very 1st post and then illustrated again, on demand then repeated demand, in your last post.


Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in such civil matters and having successful track record can help you and appraise you on defects of OP's case and merits in your case.

Guest (Expert) 28 September 2017
You have not replied my questions in full, particularly about your transaction with the son of the owner, when he was alive. Any specific reason?

Jay (Querist) 28 September 2017
Jigyasu.........
I purchased the other half of land from his son because he has registered sale deed in favor of his name from his father. Before purchasing, i had confirmed his name in mutation copy and registered sale deed in sub registrar office. Payment made by cheque on both time.
So I want to know whether Mr B can make me party. Neither I was involve in sale agreement nor i was witness.
How can one know about unregistered sale agreement which has no record in sub registrar office.
What is the my fault?
Can i file defamation suit against him?
Please guide.
Guest (Expert) 29 September 2017
From the information about improper transactions made by you with the owner and his son, when the owner had already been under obligation to make specific performance with someone else, it seems that your case has become quite complicated for which all original case related documents would be required to be examined in detail, as you have been providing information only in slipshod manner without proper linkage of events..

To be frank, your latest clarification has enhanced my doubt about your case to be that of an academic nature.

However, as per your statement, if yours is not an academic query, you may like to send copy of at least the latest registered sale deed (made by son) through email for examination to be sure about at least one transaction to be real one..

Otherwise, Mr. Kumar Doab has already expressed his helplessness by advising you that "Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in such civil matters and having successful track record can help you." .
rajeev sharma (Expert) 29 September 2017
Mr. Jay on the basis of information provided by you your title on land is clear and absolute. Unregistered agreement does not confer any right on alleged purchaser. Since you have received summons from court engage an advocate to contest the case you have no other choice. Hopefully the suit may be decided in your favour.
Dr J C Vashista (Expert) 01 October 2017
Very well analysed and advised by expert Mr. Jigyasu, Mr. Rajeev Sharma. Mr. M Bhadra and Mr. PS Dhingra, I endorse it. However, I could not gather any valuable information qua the question raised by author from the opinion of other respondents.

I find the query as pure hypothetical academic one since it contains number of inconsistencies in the statements made by author e.g., initially the agreement to sell between father and son (B) was stated to be "Unregistered" which was improved to be "registered sale deed"?? Subsequently the author sought information with respect to evidentary value of "Unregistered deed"?? The author did not submit his reply to the question (which is very valid and relevant) raised by expert Mr. Jigyasu qua the subject suit where author has "some" apprehension of being impleaded???
Guest (Expert) 01 October 2017
Dear Dr. JC Vashista,

Thanks for your appreciation.
rajeev sharma (Expert) 03 October 2017
The query now stand resolved. But i would like an humble request to all expert please while dealing with a query do not be guided by the words used by the querist . If the person making a query would have been so well versed with legal meaning of words and law then he would have not posted the query here. i presume that those who send post are common men faced with a piquant situation and come to us for advise.Some time for certain reasons they may not like to reveal their identity too. So while dealing with their problem we instead of insisting of correct wordings and expression should follow the content of query and try to help to the best


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