Empowering people through education and engagement

Validity Of An Unregistered Sale Agreement

Section 17 (1A)[1] of the Registration Act, 1908 provides that “documents containing contracts that transfer contracts for a fee, any real estate within the meaning of Section 53A of Property Law, 1882, are registered if they were executed on or after the start of the Registration and Other Related Laws (Amendment) Act, 2001, and that such documents are not recorded on or after that date. , they have no effect for the purposes of Section 53A.” This section of the Registration Act expressly states that if the sales contract is not registered, it has no effect within the meaning of Section 53A of the Transfer of Ownership Act of 1882. This means that an unreged sales agreement cannot be admissible as evidence. Section 53A of the TPA deals with partial benefit where a contract to transfer property between the assignor and the assignor and the assignor, who is or is already in possession of the property or part of the contract, is in possession of the partial performance of the contract and the purchaser`s action has made or is ready for part of the contract to execute its share of the contract. , the purchaser opposes the purchaser. The main purpose or intent of this section is to prevent the ceding party from taking advantages due to the non-registration of the document. Section 49 of the Registration Act is new and for the first time imposes legislative sanctions on the just doctrine of partial delivery. This part of the law is widely accepted in its own right that a legal action for a given benefit may be for sale on the basis of an unregord agreement and may be admissible as evidence. The Section 49 document, which was an unreged document, could be included as evidence of a contract in a lawsuit for a given benefit. Hon`ble Justice Badar Durrez Ahmed and Hon`ble Justice Siddharth Mridul approved the conclusion of Section 49 of the Registration Act of the Learned Single Judge, in which the unregord sales agreement could be obtained in evidence by Vinod Kumar-Anr.

against Ajit Singh. In the absence of contrary legislation, an ATS has not been registered in accordance with industry practice with respect to real estate exported both between individuals and between developers and Allottees.