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Gnanendra Reddy   08 June 2021

unregistered sale agreement dispute

my father has self acquired property.. he has recently died 8 months ago..

one of the person is claiming my father property that unregistered sale agreement is done with my father.. and total money is given in cash to my father..

I am not aware of this.. I am sure that he has not received any money.. but, I have a doubt about signature in documents.. whether it's original or forged..

after my father death, I don't have original documents in my hand.. I am tracing it..

they are claiming that they have original documents.. but not showing..

is unregistered sale agreement enforceable under law..


 5 Replies

K.S.Ramaswamy Advocate (ADVOCATE)     08 June 2021

In my view unregistered sale agreement is enforceable in law. You may approach the local lawyer in this regard and discuss the issue with him in detail and proceed in the matter.

Sankaranarayanan (Advocate)     08 June 2021

property is in whos possession now?  Claiming means what way he has claiming? Is any receipt shown by him pertain to money received by your father? just ignore his claim now. if any notice will issue in future by him then consult a local lawyer and contest the case..

Vasundhara Singh (Student)     10 June 2021


A sale agreement is an agreement to sell the property on some future date. Section 54 of Transfer of Property Act, 1882 deals with agreements of sale and lays down “A contract for the sale of immovable property, is a contract that a sale of such property shall take place on the terms settled between the parties. It does not, of itself, create any interest in or charge on such property.”  

The agreement to sell becomes a sale deed after registration when the stamp duty is paid. Where the value of the property is more than Rs100, it is mandatory to register to make the sale deed legally binding.   

In your query, you have mentioned that the opposite party has paid the sale amount to your deceased father and if it is proved then that party will be entitled to become the owner as he has performed his part of the contract which is covered under Section 53A of the Transfer of Property Act. You will have to prove that there has been no exchange of money AND show the original papers of ownership on the property to claim and prove your ownership.  

Best regards  

Vasundhara Singh  

Gnanendra Reddy   11 June 2021

they are making false allegations that entire consideration is given in cash.. no proof..

if a person forges the signature on unregistered documents that he has received money, is it binding under law..

Sankaranarayanan (Advocate)     11 June 2021

Where the original document gone? Is the person keep with him ?

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