As per Section 17 of registration act. Registration is complusory and if it not registered it's not a valid documents.
So now have apply for registration of documents in the sub sub registar office and sent notice to legal heirs of deceased seller.
Agreement without registration is valid or not
We had 2 sites one back site with constructed house and front empty site, My father had agreement in 2007 while selling house to live common passage in front site, agreed person sold property in 2011 and he is no more now, present we have planned to construct house in empty site, for that old back house which we had sold has road in other cross, as area in that cross is not good for these 10 years they were using common passage now we want construct for full site, and we were paying taxes on full site. That agreement is not registered, construction on full site will be a objection please advise
Asked 6 years ago in Civil Law
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12 Answers
You cannot carry on construction on front side as said land was sold by your father by un registered agreement fir sake
2) buyer can seek stay order restraining you from carrying on any construction on site sold to him
3) he can file suit to direct you to execute registered sale deed in his favour
You can seek construction if same belongs to you and you pay tax. Even if takes objections or file suit for injunction it will not stand in court
Site is owned by you, whatever agreement execute to left front site not binding on you. And people using other site for common passage cannot raise objection on you. Objection has no value.
Go ahead with construction.
Dear Sir,
It can be legalized by paying penalty.
If the owner of the other part of property had been using this as his common passage then you cannot restrict him from using the same in future because it becomes his easement rights, he may approach court on the basis of the documentary evidences to establish his rights in the common passage, hence before trying to occupy the entire site for constructing your structure, you may better have an amicable compromise with him so that you dont face any legal hardships or hassle in this regard after starting your construction work.
As the right of easement has already been created whether the agreement was registered or non registered does not matter now.So don't do without taking their consent.
1. Even oral agreement is valid if its existence can be proved.
2. The said agreement by which your deceased father had ageed to allow the Opposite Parties to ue the common passage through your other site, is valid and enforceable.
3. However, you can put argument that they already have way attached to their site for reaching road in other cross which they should ue now.
4. The said agreement entered in to by your father is required to be perused to pick up grounds for refusing their contractual right to ue the common passage in your other site.
1. You can apply for regularization of the construction and conduct unilateral registration proceedings by declaring adverse possession of the other persons site, based on the various documentary evidences you have.
You cannot restrict him legally. Even unregistered agreement is valid.
In my opinion better settle amicably and enter into settlement.
An agreement without registration is also valid and objection can be raised if you don't leave the passage as per agreement.
Dear Sir,
This means that any agreement to sell or sale deed which is not registered does not have validity and cannot be considered as valid evidence in the court of law affecting any such property. It also does not confer any power over the property or any right.
