Unregistered sale agreement

prasad m (Querist) 02 December 2013 This query is : Resolved
HI Friends,

I have a doubt regarding Un-registered sale deed which contains possession of the vacant land at the time of agreement.

"A"(seller) had executed a sale agreement in which he accepts he received the whole sale consideration from "B"(buyer) and giving possession of the land with an old building immediately and link documents, as he is going abroad he will register the property when he returns India.

After execution of "SALE AGREEMENT" B demolished the old building and kept the site vacant.
After he returned India i.e, 9 months later he registered the property infavour of "C" by way of SALE DEED.

The above said fact came known to B and gave a notice in newspaper by his lawyer that he had an agreement with A. B initiated a suit in the court.

C sold the half of the land to D.

C&D jointly executed a SALE DEED TO E for the vacant land.

The court gave an injunction order on the land just two days before the Registration of Sale deed with E.

E who is unknown all the above facts purchased the land and got registration in his favour.

Friend my question is
As per the law Who will become the owner of land either B or E.

what is the positions of B and E as per law.

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ajay sethi (Expert) 02 December 2013
if possession of land was with B how did A sell property to C ?
you have stated that C was purchaser of property by regd agreement . the agreement between A and B was not registered . B has filed suit against A .

whether C was party to the suit .? you have stated that injunction order was passed against sale of land . whether you had served copy of proceedings on A and C ?

B has to amend the pleadings and make D and E as party to the suit proceedings . it is necessary to go through the suit papers to advise .

R.K Nanda (Expert) 02 December 2013
consult local lawyer.

Guest (Expert) 02 December 2013
Whether any construction done by B in vacant Land.Otherwise B has to file a criminal complaint against A and seek the refunds of the amounts paid as sale considerations.In Transfer of Property act Unregistered sale deed is invalid Sec 17(2)(V)of the Registration Act and in section 54 of the Transfer of Property Act by Amendment Act ofNO57 of 1976 the sale certificate should be compulsorily Registered.In this case though they claim it as sale agreement since the sale consideration had been fully paid it would be seen as sale deed. A could also be sued for criminal breach of Trust but C,D and E cannot be disturbed in any manner and they are safe.

Rajendra K Goyal (Expert) 02 December 2013
Consult a local lawyer and show him all the documents.

prasad m (Querist) 02 December 2013
The said land kept vacant by demolishing old building by B which is mentioned in his pleading.

C was not a party to the injunction order.

A was served copy of proceedings.

Guest (Expert) 02 December 2013
Now the said property is under whose control/possession

prabhakar singh (Expert) 02 December 2013
State facts as inquired by Mr. narasimha JI!

prasad m (Querist) 03 December 2013
The said property was under possession of E

Guest (Expert) 03 December 2013
And E is the absolute owner

prasad m (Querist) 03 December 2013
Thank you

V R SHROFF (Expert) 03 December 2013
Consult a local lawyer WITH all the documents.

prasad m (Querist) 04 December 2013
Please tell me the remedies/rights available for B & E in the above said case.

Thanks in advance.

Guest (Expert) 04 December 2013
Please go thro my reply once again

Rajendra K Goyal (Expert) 04 December 2013
Nothing more to add.

Unregistered sale agreement

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