Unregisteres sale agreement

Querist : Anonymous (Querist) 16 May 2023 This query is : Resolved
I have entered into unregistered sale agreement for the value of 65lakhs asset and 20 lakhs paid as advance to them through bank. The property is ancestral property and the sale agreement is that they have to enter into partition and then i need to pay balance amount during on sale deed registration. For them its took 1.6 year complete the partition through court. Now due to price hike they are not coming forward and they are try to sell the property to third party as they are telling its is unregistered agreement.

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You've entered into an unregistered sale agreement for a valuable ancestral property, paying a significant advance. Despite the seller's delay in completing partition and their current attempt to sell to a third party, an unregistered sale agreement can still be used as evidence in a suit for specific performance of contract, provided you act within the legal time limits.

Sudhir Kumar, Advocate (Expert) 17 May 2023
sale document is to be registered and not the agreement to sell.

Advocate Bhartesh goyal (Expert) 17 May 2023
Yes, agreement to sell does not require compulsory registration but it should be on properly stamped paper.

T. Kalaiselvan, Advocate (Expert) 17 May 2023
The unregistered sale agreement can be taken as an evidence in the suit for specific performance of contract.
Hence you may file the suit for specific performance of contract if it is within the time limit

kavksatyanarayana (Expert) 17 May 2023
Yes. Agree with the above experts.

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