LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MANISH NATH (LEGAL OFFICER)     17 March 2010

unregistered agreements-enforceability

Sir,

 

Pls. let me know whether unregistered agreements can be enforced?

 



Learning

 13 Replies

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 ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query