My uncle has produced an unregistered sale deed saying that I sold the property to him 18 years ago. The possession of the property lies partly with me and partly with my mother who is likely to say that possession of her part is actually with my uncle. The said sale deed is signed only on the last page by both me , him and two witnesses. It comprises of three other pages none of which bear either mine, his or witnesses signatures. How valid is this sale deed.
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Can this sale deed be used in a title suit by my uncle to claim the property?
It has zero value since it is unregistered. As per Section 17 of the Registration Act, 1908, all transactions that involve the sale of an immovable property for a value exceeding Rs 100, should be registered.
This unregistered sale deed has not conferred ownership rights to your Uncle and at best, he can rely upon this to protect his possession, in case he has any.
Hello,
1) An unregistered Sale Deed is not a legally valid document. If the document were to be registered, it would not matter if all the pages were signed by the parties to the Agreement.
2) It can be interpreted as a possible intention to sell which was not executed for whatever reasons.
can my uncle use this sale deed in a suit to recover the property?
Sir unregistered sale deed is not valid no possession is transferred to him the validity of other three pages can be disputed further under registration act the registration of sale of immovable property is compulsory.
He can saw it as evidence but the validity of same can be disputed.
Hello,
1. No, your uncle can not use this unregistered document to claim title to the property as the document will not stand scrutiny as it is not registered and no title has been transferred hence.
2) Even if he tries he will not succeed in establishing for lack of evidence.
This is not admissible as evidence in the Court and hence cannot be claimed by your Uncle to claim the entire property.
Unregistered sake deed is not admissible in evidence
2) inorder to confer clear and marketable title to the property registration of sale deed is mandatory
3) further all pages have to be signed by the parties
4) it does create doubt about genuineness of document
Uncle cannot use said sale deed to claim your property
Uncle cannot use sale deed to recover your property
If sale deed is registered then witness can prove the sale deed was executed by seller.
This sale deed is not valid.
Registration act clearly mandates that such document is required to be registered.
Regards
No , he can not use the same.
However, if on the basis of the same the title is claimed then you say that the sign has been forged and you have never signed any such document.
Regards
This is a very weal piece of evidence, no court will pass order against you based on this.
Regards
1. sale deed has to be compulsorily registered
2. unregistered sale deed does not affect the property stated in the document
3. it cannot even be used as an evidence against you
4. however it can be used as evidence for any collateral purpose
Dear Sir,
Under the provisions of registration act every transfer of immovable property must be registered document. Such document alleged to be unregistered sale deed is invalid document and ask your advocate object for marking it in the court. File a suit for mere injunction which felicitates you to get an exparte stay order on the basis of earlier documents.
1. A transaction of sale is said to be complete only when the sale deed is registered. No title passes on the basis of an unregistered sale deed.
2. Your uncle may in connivance with the corrupt babus in the office of sub-registrar attempt to get the sale deed registered. So file caveats before the jurisdictional sub-registrar to ensure that whenever your uncle presents the sale for registration then a notice is issued to you.
3. Furthermore, in the given scenario a suit for permanent injunction to restrain your uncle from forging the sale deed should also be filed in the civil court.
The unregistered sale deed is invalid in law and cannot be enforced by your uncle.
Further since the property is in your possession supported by documentary evidences for possession, you do not have to be worried about it, let him file a suit which can be challenged based on the evidences and merits.
Can this sale deed be used in a title suit by my uncle to claim the property?
The unregistered sale deed is not valid in law.
Moreover the property is in your possession hence even by adverse possession the title is in your favor, hence no case is maintainable.
can my uncle use this sale deed in a suit to recover the property?
No case is maintainable, if you put up a strong fight, he may be contesting a losing battle.
1) Is your sale deed is registered with registrar ?
Unless and until it's not registered with registrar it's not called legal sale deed.
sale deed of an immovable property has got to be registered, however, the unregistered sale agreement/deed would be useful as a valid piece of documentary evidence to show the transaction between the parties and nature of possession of the purchaser.
Your uncle if Files a suit in Civil Court would have to prove that he had paid you the consideration amount for the sale of the property for which he'll have to produce documentary evidence before the court.
Chances of your uncle succeeding in the suit without any registered document are very less and in all likelihood he would not succeed in this case.