ravisharma 18 February 2017
Adv Archana Deshmukh (Practicing Advocate) 18 February 2017
1. Yes, an unregistered agreement can be a ground for specific performance.
2. A suit can be filed against a convict in jail. And why exparty? A convict can appear in the court through his advocate and defend himself.
SACHIN AGARWAL (ADVOCATE) 18 February 2017
I think suit for specific performance cannot be filed on the basis of unregistered Agreement to Sale in Rajsthan. Please check with some local lawyer.
Kumar Doab (FIN) 18 February 2017
Is the seller willing to register!
Examine the following prespective;
PART VI : OF PRESENTING DOCUMENTS FOR REGISTRATION
33. Power-of-attorney recognisable for purposes of section 32
PROVIDED that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely-
(ii) persons who are in jail under civil or criminal process; and
PART VII : OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
38. Persons exempt from appearance at registration office
(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or
(b) a person in jail under civil or criminal process