Un registered receipt not required registration for specific performance suit mark as document
KOTESWARA RAO
(Querist) 01 January 2012
This query is : Resolved
I filed a suit of specific performance-- My client entered into oral agreement with defendant, My client got the Receipt of Rs: 2,00,000/- by way of cheque, defendant encashed the cheque also, and defendant did not came to registration of the property, then I filed the suit for specific performance suit, and I got Injuction also, now suit is at trail stage, defendant advocate objecting the for the Marking the receipt, that should be registered, now
my question is the receipt is registrtion is not necessary so we required the latest decessions of supreme court- please give the Idea how to orgue- decisions also -- please give the Idea and decitions also
thanking you
yours
VAJRAPU KOTESWARA RAO
ADVOCATE
RAJAHMUNDRY
adv. rajeev ( rajoo )
(Expert) 01 January 2012
It is a receipt not an agreement of sale. So regn., is not necessar;y.
V R SHROFF
(Expert) 01 January 2012
Receipt does not require Registration.
Refer Registration Act:
Ask Opp Advocate to show Provision of any Law to Register Receipt.
Advocate Bhartesh goyal
(Expert) 01 January 2012
Objection regarding to exhibit non registered receipt is unsustainable.you had made payment through cheque so you can also submit the cheque clearance cetificate issued by bank manager to prove the deal.
niranjan
(Expert) 01 January 2012
Even if it was unregd.sale agreement it is tobe exhibited if duly proved u/s 49 of the Registration Act.
Raj Kumar Makkad
(Expert) 01 January 2012
Receipt do cheuqe not require registration but how only this receipt shall serve your over all purpose. An alleged oral agreement has no value in the eyes of law. If there is nothing more than mare receipt of cheque then it is a futile excercise. The best receipt of cheque is bankers certificate.
Deepak Nair
(Expert) 02 January 2012
Rightly explained by the experts. The receipts are not required to be registered. Follow the advise of Mr.Shroff.
prabhakar singh
(Expert) 02 January 2012
Give your opponent a reply by mouth of following provision of section 18(b)of the Registration Act::
"l8. Documents of which registration is optional.-Any of the following documents
may be registered under this Act, namely,-
(a)...................................;
(b) instruments acknowledging the receipt of payment of any consideration on
account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; .........."
Devajyoti Barman
(Expert) 03 January 2012
No registration is required for this receipt.
Shailesh Kr. Shah
(Expert) 04 January 2012
there is no requirement of registration of receipt.
