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Basavaraj (Asst, Manager-Legal)     10 June 2010

Unregistered Sale Deed- question admissiblitiy?

Dear Members.

One of my friend (Advocate) handling one property case, he is appearing on behalf of defendant. Now the stage is evidence.

 

Petitioner & defendant were close friends, the petitioner sold a site @ Rs.3 lakh to the defendant without registering the sale deed (on mutual understanding).

 

Now petitioner saying that ‘I have not sold my site to the defendant and this sale is illegal and created one, this is not my signature’ defendant fabricated this sale deed.

 

The defendant has bank statement to show that Rs3 lakh transferred to the petitioner.

 

Please let me know 1) whether unregistered sale deed can admissible in evidence?

2) Is there any option under Registration Act to prove as an evidence of collateral purpose?      

Regads

BASAVARAJ.R



Learning

 2 Replies

niranjan (civil practice)     10 June 2010

You have not mentioned whether possession of the property was transferred or not. Even though sale deed is unregistered one,u/s 49 of the Reg. Act, it can be looked into for the purpose of collateral purpose of possession.You have also not mentioned what is the case.In my opinion,if the full consideration is paid and based on unregd.sale deed posession  is transferred to deft.,the deft.can file counter claim for specific performance of contract on the basis of part performance.

Basavaraj (Asst, Manager-Legal)     10 June 2010

Niranjan Sir,

possession of the property was already been transferred to the defendnat and also full consideration is paid. Now the petitioner has filed false case against the defendant to seek releif (damages)from the court.

Basavaraj


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