UNREGISTERED AGREEMENT

that is not binding but can be used as evidance 

Hi Bhanu Ji, I’m Adv Niharika and this is my take on your query.

Yes, such agreement is valid in the Court. S.9 of Transfer of Property Act, validates oral  transfers.

However, it has little evidentiary value and can be easily challenged on multiple grounds.

Now, s.10 of Indian Contract Act (ICA), 1872 mandates free consent as an essential and if the above mentioned agreement was done under

(i) Harassment by the police; it can be made a ground of “Coercion” under sec. 15 of ICA.

(ii) sec 16 “undue influence” can also be made a sword when the police officials laid influence on you.

You should read sec 17 & 18 of Indian Registration Act, 1908. These sections provide for the instruments whose registration is mandatory and for the instruments whose registration is optional, respectively.

I hope this information helps you. In case you have further questions, you can contact me via email at Niharikalohan@yahoo.com