Specific Performance

P.S.Subbaraman (Querist) 02 August 2009 This query is : Resolved
Can the court grant a relief to the plaintiff in a specific performance suit when the unregistered sale agreement document is marked under proviso to Sec 49 of the Registration Act ?

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Y V Vishweshwar Rao (Expert) 02 August 2009
Proviso Under Sec 49- Unregistered Document may be received as evidence of contract in suit for specific performance !

Murali Krishna (Expert) 02 August 2009
Yes. An unregistered document can be used as a collateral evidence. Law is settled in this regard.

Non registration of a registrable document effects status of the document. Status of primary evidence becomes secondary.

mahendra rai jain (Expert) 03 August 2009
Yes court can grant intrim/temporary injuction in favour of plaintiff. said document may be duly stamped in future if necessary..

mahendra rai jain (Expert) 03 August 2009

Advocate SK Rohilla New Delhi (Expert) 03 August 2009
The question is not clear. (Sale agreement of what?.....immovable or movable property)

Considering that you may be asking for immovable property. A sale agreement is mere agreement to do or abstain from doing something for the consideration in future. It does not create immidiate rights.
Sale agreement is not required to be regsitered but its terms must be witnesseth by 2 witness.

The terms of unregistered sale agreement can be read as evidence provided its execution is duly proved in court of law.Once executuion is proved, court can enforce execution of its term by defaulting party. Therefore, relief can be granted and are being granted by Courts.

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