validity of unregistered sale deed

Hello all, please clarify below
if a defendant have possession of any land since long and owner of land made unregistered sale deed as well as also gave possession of land to defendant before few years and after that he dead then what is the validity of said unregistered sale deed in the eyes of law. please clarify

Why were you sleeping for so many years and why did not  pressed for  the document to be rgistered.

 If you have paid the full consederation amount and the receipts are duly acknowledged by the seller ,then you can file for declaratory suit and you can make the LR's of the  dead seller as parties. However be careful the LR's are going to get consious and may  creat problem or would feel greedy to make u pay more if they are not having moral charecter  very much live.  You are in a strange situation, 

You have not mentioned wheather the land is agricultral or other. You should carry on peacefull posseion.




The unregistered sale documen has no legal value. If the property is in your possession for 12 years you can claim adverse possession.

As per  Section 17 (1A) of the Registration Act, 1908 came into force with effect from 24.09.2001 and it is prospective in operation. According to the purport of Section 17 (1A) of the Registration Act, 1908, an unregistered agreement to sell cannot be made the basis for preferring a suit for part performance of the contract.

If the property is in your possession for 12 years you can claim adverse possession.



Why "if" - is this not a real issue?


The document of alleged "Sale Deed" is non-est in the eyes of law.


It is advisable to consult a local prudent lawyer with relevant documents for better appreciation of facts / record, professional guidance and proceeding.




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum


  LAWyersclubindia Menu

Indian Evidence Act     |    x