Unregistered Sale Agreement Validity In Tamilnadu

This means that any agreement on the sale or sale of unregistered laws is not valid and cannot be considered valid evidence in court regarding such property. Nor does it give power over the property or a right. Therefore, it is of the utmost importance to enter into an agreement to sell or sell the facts in order to complete the sale or transfer of real estate. You must check your seller`s data and confirm if there has been a sales contract between him and the buyer. 2) You are a valued good-faith buyer and if you acquired the property through the deed of sale, your interests are protected. 3. Now you cannot request the cancellation of the deed of sale that is executed by your seller to you. Hon`ble Court held that Section 17 (1A) simply stated that such an unregauble contract could not be put into service within the meaning of Section 53 (A) of the Property Transfer Act of 1882. Section 17 (1A) of the Registration Act, 1908, does not prohibit, in a few words or with the necessary intent, the filing of an action for a defined benefit based on a non-registered sale agreement, that the surrender of the property be registered or executed for the benefit of a person to whom possession is delivered, and provided that Section 49 of the Indian Registration Act, 1908, responds to an argument to the contrary.

Hon`ble Court has decided that: (a) a lawsuit for a defined benefit based on an unregistered contract/sale with a partial performance clause of the contract by delivery of ownership or executed with a person already in possession is not dismissed because of the lack of registration of the contract or agreement; (b) the omission of section 49 of the Registration Act legitimizes such a contract to the extent that, even if it is not registered, it may form the basis for legal action for a specified benefit and be provided as evidence of the agreement or partial performance of a contract. [8] Section 17 of the Registration Act, 1908, clearly states that all documents containing land transfer contracts such as land, buildings, estate bonuses, fishing, ferries, lights and trail reserves for Section 53A of the Transfer of Ownership Act must be registered. To simplify this, we can say that an unregant agreement is not valid proof of the claim on the property. [Provided that an unregord document required by that Act or the Transfer of Ownership Act of 1882 (4 of 1882) may be obtained as evidence of a contract in a lawsuit for a chapter II defined benefit, if the Specific Relief Act, 1877 (3 of 1877), or as evidence of a security transaction that is not to be carried out with the registered deed.” If an unregant sale agreement, which accompanies the surrender of the property to a person in possession, can be presented as proof of the agreement and if a legal action for a given benefit is based on a non-registered sale agreement: the seller having previously entered into a sale agreement with another potential buyer whom he has not terminated, he cannot inform you of the free and negotiable property.