validity of non-registered Sale Deed
SANJAI KUMAR SINGH
(Querist) 07 December 2010
This query is : Resolved
I sold a property on the basis of Registered Power of Attorney but did not get it registered. The person who gave the power of Attorney now says that that Sale Deed is not valid as it was not registered and i failed to get the property 'registered in the name of the person to whom it was sold. The Buyer had paid 80% of the agreed sale value and on which basis possession was given o the Buyer.
The original person on whose name the property was Registered has forcibly occupied one room in this property and has filed a case of Fraud in court.Is the Sale Deed now Null and Void? Can the (new ) Buyer be evicted ?
Advocate. Arunagiri
(Expert) 07 December 2010
Please give the clear dates of sale deed and other issues for getting a correct reply.
s.subramanian
(Expert) 07 December 2010
Unregistered sale deed cannot convey good title in favour of the buyer. He has no legal right to occupy the premises.
R.Ramachandran
(Expert) 07 December 2010
From your query, it appears that the possession of the property had been given to the buyer but only Registration of the Sale Deed is pending due to non-receipt of 20% sale consideration. It looks that the contract has been part performed and possession has been given. Section 53 of the TP Act will come into play. The buyer would in a position to enforce specific performance by paying the 20% payment, unless there is any other terms and conditions in the Sale Agreement.
Kirti Kar Tripathi
(Expert) 07 December 2010
a perfect reply by Mr. Ramachandran. You can take protection of Section 53 of TP Act.
s.subramanian
(Expert) 08 December 2010
I disagree with Mr.Ramachandran. Sec.53 of the Transfer of Property Act cannot be invoked in this case. There are certain mandatory requirements for doing it. When you claim part performance,you must have an agreement of sale in writing. In the absence of such an agreement,the plea under SEc.53 cannot be raised at all. What is available in this case is merely an unregistered sale deed which has no legal impact at all.Hence it is impossible to take shelter under SEc.53 of the TPACt.
R.Ramachandran
(Expert) 08 December 2010
Section 53A of TPA no where stipulates that there ought to be an Agreement of sale in writing to claim protection under Sec. 53A.
All that is required to satisfy Sec. 53A is that:
(i) the transferee should have taken possession of the property or any part thereof, in part performance of the contract;
(ii) the transferee should continue in possession;
(iii) the transferee has performed or is willing to perform his part of the contrat.
In the instant case all the above ingredients are present. Transferee is in possession of the property, he has already paid 80% of the consideration, he is willing and ready to pay remaining 20% consideration; above all there is already a agreement signed by the seller in possession of the transferee. What is wanting is registration - this can be obtained by specific performance by showing the willling ness of the transferee to pay the remaining 20% consideration.
Sri Vijayan.A
(Expert) 08 December 2010
I agree with RR
There is a possiblity by the opponent (Original Owner) to argue in the words of Mr.S.S.
Sri Vijayan.A
(Expert) 08 December 2010
The arguement can be defeated, which requires skill of Advcate
