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Validity of unregistered Sale Deed

Page no : 2

Jai Karan Nagwan (legal consultant)     19 January 2010

Dear members,

I have dissenting opinion that of Mr. Rao, one can ask for the ROR, but in the present situation such purchaser could not find his name as Pattedar in ROR, because there is no such document in favour of purchaser, if at all he find hiself as pattedar in the ROR, Patta is not an instrument to convey the title. Fact that he executed the sale deed but could not get it registered under the provision of section 17, 23to 26 Registration Act, so he can only avail benefits under law of adverse posession.

on the contrary, In my opinin unregistred sale deed does not confer any tile on the purchaser, at the same time such documents can not be read in evidence, but purchaser through unregistered document must be having mutated in the revenue recods as in possession, wherein can impress upon that acquired owneship through adverse pssession, he can take advantage of adverse possession if litigation to that effect arises. 

However, Section 23 to 26 Registration Act are relevant to mention here, wherein the time limt for registration is fixed by the Act. document was executed in 1968, there is no question of condonation.

now purchaser should wait and watch. solicit more views on this.

Jai Karan Nagwan



K S Narayana Rao (District Registrar)     22 February 2011

My Dear Friend,

(1) You can approach revenue department to pay stamp duty on the value of 1968 and get patta dar pass book and title deed.  Thereafter you can do all other thing as usuall.

(2) You can give a settlement to your wife or son or daughter in the Subregistrar Office and get pattadar pass book etc.

(3) If you are paying kist etc. you may get your name incorporated in Adangal in the MRO Office.


Y V Vishweshwar Rao (Advocate )     22 February 2011

In AP the  Under AP Rights in Land and Pattedar Pass Books Act 1971 as amended in 1989 the un regiustered sale deed will be first validatd by collectign the Stamp duty and Registration charges as on the date of Unregistered  Sale Deed - Sale Validation Certificcate will be issued - then the ROR Title Book and Pattedar Pass Books will be isued to the party - The Difficulty of unregistered Sale deed is properly attended under the said  Act- with refeence to the  Stamp Act and Registration  Act - It is AP Local Revenue Law ! 

raja athimoolam (lawyer)     16 August 2011

Supreme Court of India

CIVIL APPEAL NO. 3192 of 2010


Date of Judgment: Monday, April 12, 2010


In the above case the supreme Court observed that when an unregistered sale deed is tendered in evidence, not as evidence of a completed sale, but as proof of an oral agreement of sale, the deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale, thus, held that an unregistered sale deed of an immovable property of the value of Rs. 100/- and more could be admitted in evidence as evidence of a contract in a suit for specific performance of the contract

Hence you may file a suit for specific performance.

Adv. Sanjay (Lawyer)     16 August 2011

I agree with the view put forth by Adv. Palnitkar and Adv. Manish Singh.

Vijaya Dhwaja   20 November 2020

Sir,your service to the public is really commendable.your reply has has given me particularly a lot of relief. Grateful Sir

Raghavendrahari.N (Self Business)     14 June 2022

An agreement to sale requires registration as per article 5 BB of the indian Stamp act. An unregistered agreement to sale is not admissible in a suit of specific performance. Section 53A of T P Act has been amended on 24-09-2001 and after that specific performance on basis of an unregistered sale agreement is not allowed.

Read more at: https://www.lawyersclubindia.com/experts/can-an-unregistered-sale-deed-be-construed-as-an-agreement-for-purpose-of-specific-performance-suit-303071.asp

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