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basavaraj shiromani (Advocate)     07 April 2023

Un registered sale deed

Whether based on Un registered sale deed can be considered to prove possession and on that bases TI can be granted 

 



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 4 Replies

Real Soul.... (LEGAL)     07 April 2023

If the sale deed is signed but not registered is not having any effect though can be used as a means of evidence for transaction.

Advocate Bhartesh goyal (advocate)     07 April 2023

Unregistered sale deed does not confer title of property but can be used for collateral purposes in court.

kavksatyanarayana (subregistrar/supdt.(retired))     07 April 2023

Yes. I agree with the advice of the senior expert Mr. Bhartesh Goyal sir.  But the sale deed can be used for collateral purposes if sufficiently stamped.  otherwise, the court may impound it and send to the collector under I.S.Act for validation.  

T. Kalaiselvan, Advocate (Advocate)     08 April 2023

Unregistered sale deed with possession from the date of execution of sale deed, will be considered by court as valid evidence, but whether the court will pass an order for temporary injunction on this basis means, it will not.

The temporary injunction would be considered on the basis of the immediate danger to the property from the opposite party which has to be established in the court at the time of making arguments seeking temporary injunction.


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