specific performance


whether Unregistered Agreement to sell can be specifically enforced ?

 
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Advocate

in my opinion an unregistered agreement cannot be specifically enforced...coz you must pay whole stamp/ registration fees on the document to legally enforce them in court till then it cannot be counted as evidence in court of law.

 
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Advocate

even an agreement which is registered but no proper stamp hs been paid on said document accordance to statute thn the value of the document in court of law is ensured after paying whole stamp on that document.

 

HUSAIN

 
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Advocate

Does it mean that registered documents is a onclusive proof of the transaction under the evidence act?

 
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Advocate

sorry thrs a citation that even orally agreed agreement to sell can secificall enforced..!!! will provide citation in sumdays..!

 

 
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Legal Manager

Any Unregistered agreement can be enforced.  Registration is not mandatory.  Please read Specific Relief Act. 

 
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Thank you mr Krishnaa. The question is pending before larger bench where it has been referred after reading the S.R. Act .

 
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