Sir,
Pls. let me know whether unregistered agreements can be enforced?
MANISH NATH (LEGAL OFFICER) 17 March 2010
Sir,
Pls. let me know whether unregistered agreements can be enforced?
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010
Agreements do not require compulsory registration.
Hence un registered agreement can be enforced.
MANISH NATH (LEGAL OFFICER) 17 March 2010
Thank You sir. Can you pls. provide me the latest SC judgement on this
Subba Reddy (Manager - Contracts) 17 March 2010
Dear Lawyer's
recently i heard that, a ruling from MUMBAI High court says that, the Agreements shall not have any validity unless untill it is registered..and also said that, the deal written on Stamp paper is same as written on white paper...
is this true???
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010
Mr. Manish Nath,
You donot need any citation for this point.
There cannot be any dispute as to the enforceablility of unregistered agreement. It is well known fact and law.
For example, thousands of cases are pending as well disposed on the basis of unregistered sale agreement.
If you need case law tell the facts of the dispute.
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010
Mr Subba reddy
Please read and understand the case law ot atleast give citation before asking query.
From your query it seems you have misunderstood the judgment.
MANISH NATH (LEGAL OFFICER) 17 March 2010
Dear Sir,
My fact is that can a tower company sue the landowner for violating terms and conditions of lease agreement of 12 years which is not registered.
Pls. advice
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010
Mr. Manish, you should have told this first.
This is the LEASE DEED of 12 years which is to be registered compulsorily.
When such DEED is not registered, then it is not admissible in evidence in a court of law.
When the document is not admissible, no relief can be asked on its basis.
Daksh (Student) 17 March 2010
Dear Mr.Manish,
Kindly see section 17 & 49 of The Registration Act.
In your case the question is about the evidentiary value of the unregistered document and more so you have not mentioned whether the Lease deed is adequately stamped or not. (As a matter of fact the Registrar of stamps is enpowered to impound the document if it is exhibited in legal proceeding).
Apart from above what you can do that for the purposes of covering up your lacuna you can reproduce the text of the lease deed in your notice so as to make it exhibited in evidence despite of the fact the same is unregistered document.
See if there is any Arbitration clause for dispute resolution as it is a standard practice in telecom contracts.
Best Regards
Daksh
Parag Modi. (Maharashtra.) 18 March 2010
As per The Registration Act Section 17 (1) (b) document of lease, agreement of sell shall be registered.
suguna prasad kalvala (advocate) 19 March 2010
SIR,
the question of validity of registration arises when the litigation on the agreement will creap up . If any agreement becomes an element for letigation automatically the question the said agreement is registared or not will become a question for debate and when validity of a registared document will not stand before an eminant lawyer the fate of a un registared document will be best known to the world . Recently the Supreme court of india catogarically adjudged that if the document is un registared at least it shall be impounded to get its validity the fee for impounding if it is Rs 1ooo, the apex court asked the Appellant to pay panalty fwo times or so on the amunt of fee payable for impounding
Kalvala Suguna Prasad Advocate Khammam A.P Cell 9949995476
mohammed qadeer.M (legal practitioner) 11 December 2010
dear sir,
whether a unregistered memorandum of partition gives the right to the parties and is enforceable by law?
mohammed qadeer.M (legal practitioner) 11 December 2010
unregistered agreements can't marked as exhibit untill and unless it is impounded and the duty and penalty is paid on it....although it can be marked for collateral purpose.
M.A.Panchatcharam (Proprietor) 15 December 2012
Sir,
Please, le me know whether Builder's unregistered construction agreement can be enforced ?