about haksod patra

Hello Mr. Mahesh Bolmal,

I have gone through your query and fully understand your situation. Allow me to offer some advice that I believe will be helpful to you.

The Haksod Patra not being registered before a notary in 1961 can indeed be challenged in court. However, the enforceability of the document depends on the specific circumstances surrounding its execution and any other relevant evidence you may have. The legal implications of non-registration will affect the admissibility of the document in court, but challenges can still be made under the Registration Act.

A Haksod Patra (also known as an agreement of sale) that was executed on stamp paper in 1961, duly signed but not registered before a notary, can be subject to legal challenges. The main points to consider in this situation are the registration requirements, time limits, and legal validity of the document.

Legal Provisions that may help.

            1.         Section 17 of the Indian Registration Act, 1908

This section mandates that certain documents, including an agreement of sale (if it involves immovable property) and Haksod Patra, must be registered to be legally enforceable in a court of law. If the document involves the transfer of immovable property and it was not registered, it could face challenges due to the non-compliance with the Registration Act.

            2.         Section 49 of the Registration Act, 1908

This section specifies that an unregistered document that should have been registered (under Section 17) is inadmissible as evidence in court unless it is for purposes other than enforcing rights over immovable property. In the case of a Haksod Patra, if it was not registered, it may not be used as evidence in court to claim ownership or enforce rights over the property.

            3.         Limitation Act, 1963 (Section 57)

If you wish to challenge the Haksod Patra, the period of limitation for filing a suit would generally be 12 years from the date the agreement was executed. However, challenges can be made within this time frame, depending on circumstances such as fraud, misrepresentation, or non-performance of obligations.

Possible Solutions in your case,

            1.         Challenging the Validity:

Since the Haksod Patra was not registered, it could be challenged in court on the grounds of non-registration as per Section 17 of the Indian Registration Act. However, if the document was executed as a legal contract and there are valid signatures and witnesses, a court may still consider it in certain cases if other supporting evidence is available.

            2.         Seeking a Declaratory Suit:

If you believe that the Haksod Patra should have been registered, you can file a declaratory suit under Section 34 of the Specific Relief Act, 1963, requesting the court to declare the agreement as valid, based on the circumstances of your case. In such suits, the court may allow a fresh registration under its direction, especially if both parties are in agreement.

            3.         Approaching the Court:

If you intend to challenge the Haksod Patra, you will need to prove that the document is invalid due to its non-registration and non-compliance with legal provisions. You may also argue the document’s unenforceability based on Section 49 of the Registration Act.

These following case references may also be helpful in understanding the legal implications of an unregistered Haksod Patra. In K.K. Verma v. Union of India (1954), the court ruled that unregistered agreements involving immovable property cannot be used in court to establish property rights. Similarly, in S.R. Srinivasa v. M. Rajalakshmi (2005), the Supreme Court emphasized the necessity of registration for agreements transferring immovable property. The case of Ram Chand v. State of Haryana (2006) further supports the view that an unregistered sale agreement is unenforceable in court. These cases highlight the importance of registration under the Registration Act, 1908, and may assist in challenging the validity of the Haksod Patra in court.

Thank you for reaching out to us. Please feel free to ask any follow-up questions that you may have.