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Abu241289   24 June 2018

Unregistered agreement to sell

Whether an unregistered document to sell where possession of property is with the seller only can be enforced in specific performance.  Agreement is dated ov 2012. An amendment that came into force says that no agreement which is not registered is unenforceable in law and can not be recieved in evidence.  This amendment came into force only from 01-12-2012.  To avoid the clutches of lay the buyer concocted a document as if it was created before December 1st, 2012. Its a forged document.

 

Kindly advise on the point as to a suit for specific performance on the basis of an unregistered agreement where possession is not with the buyer.



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 1 Replies

Kumar Doab (FIN)     24 June 2018

Forged document cannot be enforced..

Forgery may go against the entity that has forged...(if proved) 

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