Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Swami Sadashiva Brahmendra Sar (Nil)     10 June 2009

specific performance

whether Unregistered Agreement to sell can be specifically enforced ?



Learning

 6 Replies

Adv.Husain (Advocate)     10 June 2009

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.

Adv.Husain (Advocate)     10 June 2009

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

N.K.Assumi (Advocate)     11 June 2009

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

Adv.Husain (Advocate)     11 June 2009

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

 

R.R. KRISHNAA (Legal Manager)     10 July 2009

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

Swami Sadashiva Brahmendra Sar (Nil)     12 July 2009

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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