Unregistered sale agreement

Dipen (Querist) 07 October 2023 This query is : Resolved
Dear Experts,

50% of share of a commercial rented property is sold and a sale agreement is made. However the same is not registered and no stamp duty is paid on the same. Due consideration between parties has been paid. In this case will purchasing be considered as joint owner of unregistered sale agreement? Also will he be subject to income tax on rent recd if he is considered as joint owner?

Please advice

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Quick Summary

An unregistered and unstamped sale agreement does not grant you title to a property, even if you've paid the full amount. You cannot claim joint ownership based solely on such an agreement. It's advisable to insist on a registered sale deed or pursue legal action for specific performance of the contract. Without registered title, you won't be considered an owner and therefore won't be subject to income tax on rent received in that capacity.

kavksatyanarayana (Expert) 07 October 2023
The question of joint ownership does not arise on unregistered and unstamped Sale Agreements.

T. Kalaiselvan, Advocate (Expert) 08 October 2023
The person who entered into a sale agreement alone and has not got the sale deed registered to the share of property he purchased, he cannot claim title to the property purchased even though he may claim that he has paid full sale consideration amount.
Therefore insist on the vendor to execute the registered sale deed immediately or you can approach court with a suit for specific performance of contract.
Unregistered document will not confer title to the property

Advocate Bhartesh goyal (Expert) 08 October 2023
No, title of property does not passes on basis of sale agreement so purchaser can not be considered owner of property on basis of sale agreement.

Dr. J C Vashista (Expert) 08 October 2023
Agreement to sell do not confer / transfer title of the subject property.
Both the owners / vendors / sellers of joint ownership property have to sign the agreement to sell.
Agreement to sell may or may not be registered.
Stamp duty (charged under State Act) for unregistered agreement is generally nominal say about Rs. 100/- or so, which differ from a state to another.
Registration of agreement to sell is optional, however, even unregistered agreement is valid in law for all purposes, including institution of a suit for specific performance of the subject agreement.

Sudhir Kumar, Advocate (Expert) 08 October 2023
buyer has no claim on title of propepry

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