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Naga Balaji (Law Student.)     01 October 2011

Validity on unregistered sale agreement and renewal.

What could be the validity of unregistered sale agreement?

Can Unregistered agreement be renewed even for more than 11 years?

In some cases the unregistered agreement are made to commit fraud on the innocent owner in such cases

 

What is the legal effect of unregistered agreement when it effects the innocent owner?



Learning

 4 Replies

Joy Dey (Advocate)     11 October 2011

Read the Transfer of Property Act, the Registration Act and the Stamp Act. As a law student, you should be doing your own research.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2011

Dear transquality

according to registration act it is mandatory to registered the sale agreement and pay the requisite stamp duty with registration charge, if the sale agreement is unregistered there is no value of this gareement in eyes of law

1 Like

Mohandoss.R. (Assistant)     17 October 2011

Dear, Let me narrate my experience. An AGREEMENT for a House-site was signed in 1979. But, its original is with the Buyer, and the Seller has no copy of it to prove the agreement to sell. And, it was an unregistered document and no sale deed was also registered. In December 2005, the Seller through a Public Notice notified her intention to sell few of her properties, including the above said House-site. Within 25 days of its publication [i.e., in Dec 2005] , the Buyer published a Public Notice that there is an AGREEMENT signed in 1979 between him and the said Seller, in respect of the said House-Site.

Since then, we have been asking him to (i) give a copy of the said Agreement of 1979; (ii) to get the Sale Deed executed, by collecting the balance amount and by handing over the Agreement (or) give back the Agreement document and take back the money he gave in 1979. We have given Lawyer Notice, several Registered Notices but he is keeping silence, without replying/doing anything.

In the Agreement of 1979, there is a mention that the Sale Deed would be registered when the pending court case (relating to other property he bought from the same Seller) comes to an end. It came to end in end of March 2011, Judgement copy got in end-Jun 2011. Due to these wordings, the said Agreement naturally got an INFINITE validity.

Now, I am thinking to file a case under Specific Relief Act, against the Buyer. I donot know if I am correct or not.

Mohandoss. R.

avudayappan (member)     13 January 2013

hello sirs,  S made an agreement to sell his property to G for rs.60 lakh and received 10 lakh advance on 03/03/2011 with some conditions like last period for regn. was 3 months from the date of agreement, after that the agreement stands invalid and if G fails to pay balance money and finish the deal with in the agreed period he would lose the advance money and if S refused to accept the balance money and finish the deal, buyer has to go to court and pay the balance amount and ger the property registered .  and after 5 months of time no regn. performed. S returned 10 lakh advance money to G. but failed to collect the unregistered sale agreement. after that no communication served between them. after nearly one year. G tried to occupy the property and then S sent a letter mentioning details of retuned money and demanded old agreement.  now G occupied the property and  by giving some money to tenent. with out the concent of S tenent hand over the property to G and blocked S to enter the building and filed a  case for regn. in dec 2012 and deducting the money given to tenent from balance amount of 50 lakh.

 now what would S do? he is not interested in that deal. wants to occupy his property. is it possible to forfeit the advance amount?


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