One sided agreement registration by the flat owner

Dinesh Kandpal (Querist) 17 February 2024 This query is : Resolved
Dear Sir,

Are one sided registered agreement valid wherein builder has not signed or present for the registration?

Can housing society accept such member and issue bills in their name ?

Can share certificate be issued for such member?

Pls guide.

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Quick Summary

This discussion addresses the validity of one-sided registered agreements, specifically when a builder has not signed or been present for the registration. While a registered sale deed is generally considered legally valid even with minor errors, a one-sided agreement typically cannot be registered. The consensus suggests that such agreements are not valid, and the Sub-Registrar should not register them if one party is absent or unsigned. The primary remedy for such situations is to file a suit for specific performance to compel registration.

T. Kalaiselvan, Advocate (Expert) 17 February 2024
If a sale deed is registered by the registrar concerned after accepting the stamp duty and the registration charges, then it is a legally valid document, the one what you refer to here may be an error but it is not fatal to the document.
Therefore the society entertaining the document to issue share certificate is not an illegal on an invalid act.

BHARTI KOTHARI (Expert) 17 February 2024
one side agreement cant be registered the only remedy is to file suit for specific performance of agreement and for registration of document. you may contact me on nine three two two five two three six two three

kavksatyanarayana (Expert) 17 February 2024
Yes. One sided agreement is not valid. The SubRegistrar cannot register such one side agreement ( not claimant is there or other party is not signed).

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