Unless we read the document we cannot say what is legal position pertaining to the conditions enumerated in the sales agreement.
What if a buyer sign a land sale agreement 10 years ago, and just give token money, and the market value increase 5 times, so can the buyer approach the seller on old terms , and can the seller say no to old terms and condition ?
Unless we read the document we cannot say what is legal position pertaining to the conditions enumerated in the sales agreement.
Hello,
1. 5efer the time limit mentioned in the sale agreement.
2. if it has expired then the sale agreement is deemed to have been cancelled.
3. Even of no time limit is mentioned then also after long time being passed the agreement should be deemd to have been cancelled.
4. Anyway you did a wring by not sending a cancellation notice a d returning the token money.
5. Now to avoid complications without delay sell this property to a new buyer.
It all depends upon the agreement. If no time period was specified in the agreement then the buyer can insist on the older amount.
- An unregistered Sale Agreement is also enforceable in Law,
- Further, an agreement is valid for three years from the date mentioned to execute.
- Hence, if the date of execution is given , then the buyer cannot approach the seller after passing 3 years period.
- However, after blaming the seller , buyer can file suit for performance i.e to purchase the property as given in the agreement.
1. See the terms and condition and time period of the agreement has to be seen, the seller may refuse if no further payments were made as per agreement. In this condition the agreement need to be first seen and then accordingly steps can be taken.
If its unregistered than seller can demand the current market price. Because the land is still on seller's name.
1. An unregistered and non-stamped agreement has no legally enforceable value, more so at times of legal /court dispute.
2. Agreement which has only token money can be held valid for around 6 months only and after this such agreement lapses, provided both parties do not serve legal notice for its extension or demand for balance payment and registrations.
3. In conclusion and by virtue of above, the seller party can refuse to sell his property at old rates and the buyer will not have any legal remedy on the same.
Firstly, a lot depends upon the time limit and other terms regarding payment, delivery of possession, refund/forfeit of token money which were fixed in the agreement.
Secondly, the seller can say no to old terms and conditions. If the buyer goes to the court, the court will ask the seller to refund the token money with interest or even a little higher amount to make it an equitable order. In simple terms, the seller will be asked to make good the loss caused to the buyer which is sufficient to restore the parties to their original position.
Thirdly, it is highly unlikely that the court would order specific performance of that agreement because its been 10 years and the buyer doesn't appear that he was ready and willing to perform his part of the agreement.
Hope this helps.
Best wishes!
The sale agreement whether registered or unregistered is valid only for a period of three years form the date of its execution.
Similarly the buyer, if not shown interest within three years from the ate of executing the sale agreement cannot enforce the execution of sale deed even through court of law and also he cannot claim the money given as advance beyond three years of time.
Thus legally no claim is maintainable.
The seller can deny to honor the sale agreement at this stage when it is 10 years from the date of execution of sale agreement.
1. The limitation to file a suit for specific performance on the basis of agreement to sell is 3 years from the date of agreement or the date mentioned for execution of sale deed in the agreement.
2. You have not mentioned whether any date was set down in the agreement for execution of sale deed. If no such date is mentioned, then agreement to sale now has scrap value,.
Dear Sir,
There might have been discussed the time limit for the said sale agreement and it can be claimed that it was the fault of the buyer to not comply with the same. Hence, the said agreement is not enforceable now.
Agreement is expired.
Is there any duration in agreement when to make full payment ? If no still agreement had to performed in reasonable time.
No buyer cannot approach seller to comply with old terms if he never tried to make complete payment and ask seller for registration of property.
Can Iget a brief answer, 1) Is unregistered landsale agreement valid .2) Maximum validity of land sale agreement in terms of years . 3) Can a land sale agreement be drafted where payment term could be beyond 10 years , if drafted is it legal
1) Unregistered land sale agreement is not valid in the eyes of law as per the Indian Registration Act and the Transfer of Property Act.
2) Maximum validity of land sale agreement in terms of years - Depends upon what clause you have mentioned in the sale agreement whether any time frame or long life sentence.
3) Can a land sale agreement be drafted where payment term could be beyond 10 years , if drafted is it legal. - Yes, you can draft new sale agreement as per latest market value & registered. In it can be shown previous sale deed transaction as advance amount paid to seller. While preparing New sale deed agreement of History and Payment Schedule needs to drafted.
Dear Sir,
10 years are too long for any sale agreement to get materialised. And this agreement may be void as well.
Unregistered sale agreement is valid only for specific performance and not for evidence in court. It's better you need to register it. There is no validity of agreement but there is validity yo register it from 4 months of execution after that you need to pay penalty.
Unregistered agreement not valid but suit of specific performance can file within 3 years from date of agreement.
Payment term can be beyond 10 years.
1. As per section 17 of Registration Act, an unregistered land sale agreement is not a valid agreement.
2. Three years from the date of agreement , otherwise as given in the agreement.
3. Yes
1) unregistered agreement for sale would be valid
2) it depends upon terms of agreement
3) it would be legal
1. No, unregistered agreement is not valid.
2. As mentioned in the agreement. If not mentioned than valid life time.
3. If registered than it is legal
1. Yes
2. 3 Years
3. You can agree anything which is legal. Loan agreements are for 20 years and in that case three years would count from the date of closing the agreement after 20 years.
1. Unregistered sale agreement in respect of immovable property is not enforceable in law.
2. Three years only.
3. The term cannot be made beyond three years however it can be extended beyond expiration of three years period of time.
Is unregistered land sale agreement admissible in court , incase of dispute
1. An unregistered and non-stamped agreement has no legally enforceable value, more so at times of legal /court dispute.
It can be admissible in the court , but then how you are going to prove it that sale is valid and not void.
Sale agreement without transfer of possession is admissible but it is an agreement with possession and sale consideration, it is required to be registered.
Amendment of section 17.- In section 17 of the Registration Act,-
- Yes it can be admitted after paying the registration fee as decided by the Collector of stamp duty.
- Otherwise , not admissible in court.
Is a unregistered land sale agreement void , in case of dispute, and is section 17 applicable on Land Sale Agreement, and what is its purpose?
unregistered document can be used as an evidence of collateral purpose, as provided in the proviso to Section 49 of the Registration Act
Every agreement above rs 100 must be register.
If not registered than violation of sec 17 and inadmissible u/s 49 of the act.
Unregistered sale agreement cannot be enforced in the court of law.
Suit for specific performance of contract may not be maintainable on the basis of unregistered sale agreement.
The unregistered sale agreement can be used as documentary evidence for recovery of the advance amount paid towards sale consideration.
1. Yes, the agreement can be taken as proof of the transaction.
2. As per the agreement.
3. Yes, it can be drafted and it is legal.
Refer section 49 of the Registration Act the unregistered agreement can be taken as proof of the transaction.
Unregistered agreement can be used in court by the lawyer should be experienced enough to get it admitted
I have been confused , by section 17 and 53 that says that land agreement to sale should be mandatory registered , then comes section 49 which says that unregistered land sale agreement is admissible as evidence , even if 10 years old , please clear the confusion as I have received mix opinion
It is well settled that an unregistered document cannot be received in evidence of any transaction covered by registered document. [3] However, such unregistered document can be used as an evidence of collateral purpose, as provided in the proviso to Section 49 of the Registration Act.
Sec 53 dose not apply in your case.
Enforce-ability and evidence are two different subjects.
The unregistered sale agreement cannot be enforced in court of law.
However for the purpose of recovery of the advance paid amount this document can be used as a documentary evidence.
Since the sale agreement is ten years old, even money recovery suit cannot be filed beyond three years of the date of execution.
It's admissible only for specific relief. The documents which are mandatory needs to be registered if not registered cannot be Admissible I'm court
1. See unregistered agreement can be taken as proof of transaction and it is admissible and a suit for same can be filed.
1) Un registered agreement for sale is admissible in evidence
2) section 4A of the MOFA was enacted in 1984. Section 4A acknowledged the privity of contract between the promoter and the flat purchaser created by unregistered agreement of sale and it stated that the said document to be accepted as an evidence in a suit for specific purpose or a suit of part performance under Section 53A of the Contract Act.
3) in view of section 4A of the Act the document did not become non-est or valueless. It does carry a character and value of the regular agreement of sale for immovable property. There is no specific requirement of the registration for agreement of sale of immovable property. Therefore, a suit for specific performance or performance of a contract can be instituted on the basis of an un-registered agreement of sale
- Yes, registration of agreement is mandatory , if related to property.
- But, a suit can be filed on the ground of unregistered agreement , and admitted in evidence if other evidences produced before the court for proving that agreement .
- Further, the court can send the said unregistered agreement to collect the stamp duty before admitting the said agreement in evidence, otherwise an unregistered agreement will have no value in the eye of law.
Dear Sir,
Here it is clarified that the unregistered agreement is also admissible in court as evidence and you are suggested not to get confused by reading several sections.
Can children of co owner's of property object to sale unregistered agreement of property , and what law consider of a unregistered sale agreement in which one time token money reflects paid 10 year's ago ?
Children cannot object to sale of self acquired property
if it is ancestral property they can object to sale of property
The money paid 10 years ago is no more valid.
The sale agreement itself if not valid because it is more than three years old.
In any case the children of co-owners cannot claim any share during the lifetime of the co-owners.
1. In case children has no share in property they cannot object same. See if the time is essence of contract same is not valid.
I am confused by views of different lawyer's opinion, I was told that any land sale agreement to sell is valid for a period of 3 years, and if unregistered not acceptable, some say its valid and registration not mandatory, please clarify, and I asked if NOC is required from adult legal heirs of property share holder , as its an ancestral property , please clarify briefly , and validity of land sale agreement was signed 10 years ago
No it's not valid for 3 years it has lifetime till life. But the limitations to file suit may be gone.
In Maharashtra unregistered agreement for sale is valid and have drawn attention to provisions of MOFA . Buyer can file suit for specific performance .
2) if it is ancestral property consent of legal heirs is necessary
1. Sir in any agreement its validity time period is written , it is mentioned in agreement for what time the sale deed has to be registered.
So for same the agreement need to be seen if time of agreement is complete and their is no acknowledgement from the party it is barred by limitation.
2. Further in case nature of property is ancestral and the heirs has share in same the NOC and sign on sale deed is required.
What is the limitation to file a suit for unregistered agreement to sale of property , and is a unregistered ATS is valid beyond 10 year's if mentioned as per limitation act ?
It would depend upon terms of agreement
if agreement provides payment is to be spread over 10 years your claim would not be barred by limitation
Children have no say in co owner life time.
Agreement is valid for forever till sale deed not execute or time given in sale agreement not expire. 3 years is limitation to file suit of specific performance of sale agreement.
Expiry of agreement whether registered or not depends on time clause in agreement.
You have been very clearly informed many times in the same thread that an unregistered sale agreement is not valid and not enforceable in court of law.
For your information any agreement whether registered or unregistered is not valid beyond three years period of time.
If you want to sell the property you can proceed without even informing the agreement purchaser at this stage, let him take any action, you can challenge the same as per law.
Dear Sir,
You are suggested not to get confused because the different lawyers have different opinions and way of dealing the same matter. However, in case of adult/major legal heirs, the consent is required for sale in case of ancestral property. The 10 years of duration itself is liable to be challenged.
What does “Unregistered Land Agreement Of Sale Can Be Used As An Evidence For Collateral Purpose: SC” mean? Does it mean that the unregistered land sale agreement is valid?
1. Yes unregistered sale agreement is valid and can be taken as evidence of transaction in court proceedings.
1. A document required to be registered is not admissible into evidence under Section 49 of the Registration Act.
2. Such unregistered document can however be used as an evidence of collateral purpose as provided in the Proviso to Section 49 of the Registration Act.
3. A collateral transaction must be independent of, or divisible from, the transaction to effect which the law required registration.
4. A collateral transaction must be a transaction not itself required to be effected by a registered document, that is, a transaction creating, etc. any right, title or interest in immoveable property of the value of one hundred rupees and upwards.
5. If a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence and that to use a document for the purpose of providing an important clause would not be using it as a collateral purpose.”
On the above legal principles the Supreme Court held that Clause 9 cannot be looked into for collateral purpose as it constitutes an important term of the agreement.
On a compendious reference of the case law discussed above, the followings conclusions emerge:
i) A document, which is compulsorily registrable, but not registered, cannot be received as evidence of any transaction affecting such property or conferring such power. The phrase “affecting the immovable property” needs to be understood in the light of the provisions of Section 17(b) of the Registration Act, which would mean that any instrument which creates, declares, assigns, limits or extinguishes a right to immovable property, affects the immovable property.
ii) The restriction imposed under Section 49 of the Registration Act is confined to the use of the document to affect the immovable property and to use the document as evidence of a transaction affecting the immovable property.
iii) If the object in putting the document in evidence does not fall within the two purposes mentioned in (ii) supra, the document cannot be excluded from evidence altogether.
iv) A collateral transaction must be independent of or divisible from a transaction to affect the property i.e., a transaction creating any right, title or interest in the immovable property of the value of rupees hundred and upwards.
v) The phrase “collateral purpose” is with reference to the transaction and not to the relief claimed in the suit.
vi) The proviso to Section 49 of the Registration Act does not speak of collateral purpose but of collateral transaction i.e., one collateral to the transaction affecting immovable property by reason of which registration is necessary, rather than one collateral to the document.
vii) Whether a transaction is collateral or not needs to be decided on the nature, purpose and recitals of the document.
It's not valid it has admissibility to the limited collateral purpose. It's invalid only as registration is mandatory in such agreement
Unregistered Agreement to Sell of property is valid from 3 year's of its execution, or 3 years of its expiry, as different lawyer give different details, some say if terms expire no matter how many year's than one can file suit within 3 , years , some speak of collateral purpose , and some of limitations , please give an proper answer in lay man language which is easy to understand , and if unregistered ATS is void after 10 years
It is necessary to peruse terms of agreement to advice
2) article 54 of limitation act provides that period of limitation is 3 years for filing suit for specific performance from date fixed fir its performance or if no date is fixed when plaintiffs has notice that performance has been refused
1. Firstly validity of agreement is seen from agreement itself , secondly the limitation period of 3 years starts when the other party fails to perform.
No only If it is duly stamped than suit of specific performance can file within 3 years.
If agreement is not executed on stamp paper than its never valid and if duly stamped and time is essence of agreement than it expires on passing of that time period.
- A party cannot use the unregistered document in any legal proceedings to bring about indirectly the effect which it would have had if it registered.
- Further, as per section 49 of the Registration Act) , if a document is compulsorily registerable nature , but an unregistered document is admissible in evidence for a collateral purpose that is to say, for any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property.
- It means that the said unregistered document cannot prove the ownership etc , but its consents can be read to prove other effect of the case.
You can consult via kaanoon.com for further suggestion if needed.
Is unregistered agreement to sell of agreement bound by limitation act , as several lawyer's say its valid for 3 years , no matter what the term mentioned in unregistered agreement , if so what happens to an agreement where just token was paid 10 years ago , can seller deny sale
There is no validity if the transaction is complete. If its not complete then the validity of the agreement depends on the averment mentioned or 3 years. The 10 years time has already ousted the transaction time
It is necessary to peruse terms of agreement of sale executed between the parties
It depends upon terms of agreement whether suit can be filed after period of 3 years
if no time period of making payment is specified it would not be barred by limitation
Time play a very important role when time is specified or when time is not specified in a valid contract.
Unregistered sale agreement cannot be enforced in the absence of the requisite stamp duty paid for the purpose.
It can be used as an evidence for the sale transaction in order to get the refund of the booking or advance amount paid vide this agreement.
You are getting confused by misinterpreting the law in this regard.
You do not ant to believe the correct advise of opinion in this regard that is why you are coming up with plenty of repetitive questions.
Please understand the law, tht the unregistered sale agreement whether within three years from the date of its execution is also not enforceable in court of law.
A specific performance suit may be decreed only for refund of the advance amount provided the case is filed within three years from the date of its execution, beyond that even the money recovery suit is not maintainable.
Who told you that the unregistered sale agreement is valid that too for a period of 10 years, where and under which law have you found this untenable concept?
The seller has to decide about returning the advance amount on humanitarian grounds alone because the buyer cannot legally make a claim of the booking amount beyond three years of depositing it with the buyer.
The seller has to decide about returning the advance amount on humanitarian grounds alone because the buyer cannot legally make a claim of the booking amount beyond three years of depositing it with the buyer.
The seller has to decide about returning the advance amount on humanitarian grounds alone because the buyer cannot legally make a claim of the booking amount beyond three years of depositing it with the buyer.
- Yes, seller can refuse , but such suggestion can be given after going through the contents of the agreement.
1. See in case the time period of agreement is not expressly mentioned in the agreement the limitation period shall apply.
Dear Sir,
You are suggested not to get confused because the different lawyers have different opinions and way of dealing the same matter. It is so because every case has got its own facts and circumstances and the difference is opinion is bound to happen, Also, if you consider in layman language or just in simple language no agreement of sale could be valid for 10 long years until and unless it is specifically mentioned.
Is it true that any agreement to sell of property, registered or unregistered have three year limitation period, irrespective of time limit mentioned in the agreement?
No. There is no. Limit of an agreement unless specifically stated in the agreement itself that the same is revocable
Time limit of an agreement is what we have agreed in the agreement. But when we discuss time limit, we discuss in terms of filing a suit. The time limit or cause of action to file a suit begins on expiry of the agreement and that is 3 years from expiry of period of agreement.
- The said three years limitation is for filing a suit /case before the court .
- Further , this limitation of 3 years can be run from the date as given in the agreement , whether registered or unregistered ,
- Registration and not registration is another aspect i.e A registered document is admissible before the court , whereas unregistered document can be read only for proofing some other evidence.
In case the time is mentioned in the agreement the limitation period shall start after the expiry of agreement and failure of the other party to perform its part in the agreement.
the time for limitation of 3 years begins to run from the date mentioned in the agreement. If no time prescribed,it is three years from the date of refusal by the purchaser or vendor
When time is not essence of contract the maximum limitation period for any agreement is just three years only.
Suppose an unregistered agreement to sell of property was signed 10 year's ago , and value of the land was 50 lakh , and rupees 1 lakh was paid as token money , now the area has become a market and value of the land is 2 crore , in this scenario in today's date can the seller refuse selling the land after a decade , especially when he paid taxes for many years and even maintenance
What were clause in agreement for sale regarding balance payment kindly clarify
it is necessary to peruse terms of agreement for sale to advice
The registered or unregistered sale agreement is valid only for three years.
The buyer cannot legally enforce the sale agreement beyond three years from the date of its execution even seeking return of the advance amount already paid.
Therefore, when the sale agreement stands cancelled, where is question of the seller refusing to sell the property on the basis of invalid sale agreement.
The seller can remain silent and proceed to sell the property to a new prospective buyer afresh without bothering about the previous buyer or his agreement to sale.
- This depend upon the agreement and approach during the period of 10 years,
- If direct approaching for the property after 10 years , then nothing can be done , but during this period if the buyer approaches and having proof of the same , then the buyer can file a case against the seller.
Seller can refuse on the ground that buyer failed to make the payment in reasonable time.
3 years from the time.
The agreement for sale is valid for three years. If there is a negative clause in the agreement, say, the buyer has to register the property within three months', then, the limitation is extended by such period.
Dear Sir,
It is true that any agreement to sell of property, registered or unregistered has three year of limitation period in general and not irrespective of time limit mentioned in the agreement. In the case of sale agreement signed 10 years back and sale not materialised in 10 years, the sale agreement is not sustainable.
1. In case the buyer failed to pay the amount as agreed in the agreement the seller can refuse the sale to buyer.
It is not reasonable that a buyer comes after 10 years and tries to enforce the agreement. The seller should refuse unless the buyer is willing to purchase on market value.
In such a case a person may refuse and rightly so unless the buyer is willing to pay the market value.
You shouldn't get confused. A person may proceed ahead by giving it in evidence.
In such a case a person may refuse and rightly so unless the buyer is willing to pay the market value.
You shouldn't get confused. A person may proceed ahead by giving it in evidence.
In such a case a person may refuse and rightly so unless the buyer is willing to pay the market value.
You shouldn't get confused. A person may proceed ahead by giving it in evidence.
In such a case a person may refuse and rightly so unless the buyer is willing to pay the market value.
Agreement to sell is valid for 3 years unless ot is acknowledged by the seller that it still exists.
You shouldn't get confused. A person may proceed ahead by giving it in evidence.
In such a case a person may refuse and rightly so unless the buyer is willing to pay the market value.
You shouldn't get confused. A person may proceed ahead by giving it in evidence.
In such a case a person may refuse and rightly so unless the buyer is willing to pay the market value.
Agreement to sell is valid for 3 years unless ot is acknowledged by the seller that it still exists.
Yes he can refuse to sell at that price. And he can challenge that why was no suit filed for 10 years
Why is law strict for seller more than buyer, if buyer backs out from a deal he just have to pay penalty kept as token money, if seller backs out for personal reasons he faces court case, even if the agreement to sell of property is unregistered and passed 10 years ?
1.See seller receives the consideration amount for the property, in case buyer fulfills the condition of agreement and seller fails to register the buyer may file a suit.
It all depends upon terms of agreement for sale
2) if buyer backs out from the deal seller can file suit for specific performance
3) he can forfeit earnest money paid if there is clause in the contract to that effect
You are not understanding the law hence you are coming out with such irrelevant questions.
The law is common for all.
You may first go through the law properly or discuss patiently with an experienced lawyer in the local to understand all your illusionary or imaginary concepts and remove the wrong or incorrect opinions formed in your mind.
Then you will be able to understand the subject in your hand properly.
- If the agreement is unregistered and already passed 10 years , then legally buyer will get nothing from the seller , if the buyer will file a case before the court.
Both are bound by the terms of agreement. So what remedy available to buyer and seller depends on agreement. Law dose not differentiate between them.
The terms and conditions of the Sale Agreement needs to be perused. If specific time for completion of sale is mentioned for execution / completion of the transaction. It will have impact on the agreement, Buyer cannot come after lapse of 10 years and seek execution at old rate. You can deny to sell on old terms and conditions.
1) Yes.
2) Depends on time of execution / completion of sale mentioned in your Agreement, if no specific time is mentioned, it cannot be kept open for 10 years.
3) Usually it will not be drafted like that, however, even if it is done, a specific condition with regard to escalation / increment in market rate of property will be taken into consideration.
Yes, it is valid. Subject to paying at least minimum stamp duty on the Agreement of Sale. If the same is got impounded, it can be used.
No, unregistered sale agreement is valid, but if the same is not registered by paying stamp duty, it will not be considered in evidence, but, if minimum stamp duty is paid, it can be got impounded.
Section 17 specifically clarifies what documents are to be registered, and that, if minimum stamp duty is paid on your agreement of sale, going forward if need be, you can get it impounded and can use in evidence.
Children of co-owner cannot question the sale, but if the property is not divided the other co-owners can object. Further, if the Agreement specifies about the time within which the sale has to be completed, then the demand of buyer not asking for execution of sale deed within time specified and asking after 10 years will not stand, test of law. Seller can deny.
Sale Agreement cannot be kept open for a long period of 10 years without executing sale deed. The terms and conditions of the Agreement itself clarify the same, if it is specified to complete the sale transaction within a specified period, and that, if the same is not done, then it is not valid.
Further, the buyer cannot seek sale at old rate. If no time is specified, then it could be reasonable period of around two to three years. In order to call it ancestral property, it has to be in tact for four generations without partition, if it is so, then you need to take consent of other co-owners.
The buyer cannot wait for 10 long years and seek for completion of transaction with old rate. The terms and conditions needs to be perused to comment on applicability of limitation.
It is valid, but as you said it can be used only for collateral purpose. Until you get it impounded and thereafter it can be used in evidence.
In a lay man’s language, if you have not specified time to complete sale within a specified time, then a period of one to two years will be considered as reasonable time and not ten years.
If the buyer goes to court seeking direction to get the sale deed executed, in most probable cases, he will not succeed i.e., limitation and escalation of price of property and clear reasons to be explained by him for delay.
Yes, seller can deny to execute the sale after lapse of ten years, for two reasons i.e., escalation in value of the property and also unexplained delay caused by buyer to pay balance sale consideration and getting the sale deed executed. In all probability, the result will go in favor of the Seller if the buyer goes to court of law, he has to explain the delay beyond reasonable doubt.
The time limit mentioned in agreement will have precedence. If it is not specified in the Agreement, the same has to be interpreted based on the context of the issue on hand.
No, it is misunderstood, law is same for both the parties, if seller breaches contract, he has to explain the reasons. If buyer breaches the contract, he has to explain reasons as to why there is delay from his side in concluding the contract / delay in completing. It is one and the same for both of them. No Partiality.
There is no separate rules even being seller you gave a agreemnet to sale and the buyer has caused you loss then you can file a suit to recover the same
Dear Sir,
The beauty of our legal system is that there is law for everything and we need to dig out the thing or law which is suitable for us. So, you are suggested not to get dishearten and discuss with your advocate to search and use the appropriate judgments, etc, for your case.
In how many states of India unregistered agreement to sell of property is invalid, and cannot be filed at court as evidence after 5 year's , like Meghalaya ?
un registered agreement for sale is admissible in evidence for collateral purposes
20 suit for specific performance has to be filed within period of 3 years of refusal of party to honour terms of agreement
Your question is absurd.
The law is common among for all .
This is central law and applicable to the entire country.
Dear Sir,
Every state of India has been authorised under specific schedule of constitution of India to make laws for it and hence you are suggested to concentrate on your case.
What is Supreme Court Judgement on unregistered agreement to sell of property, especially if there's a suit , kindly explain briefly and simple definition of law
Unregistered agreement to sale is admissible for specific performance. In trial it can be only seen for collateral purpose under proviso to section 49 of Registration Act. The said fact is explained by SC in its 2019 judgement of prakash sau vs saulal & ors
Specific performance is a for reliefs you can claim under specific performance Act. Collateral purpose means the unregistered agreement can be used to prove the execution of that agreement only and not to prove the transfer
That unregistered agreement can only be used to prove that there was an agreement but will not be admissible as proof of transfer of property.
SC has held that un registered agreement for sale can be used in evidence for collateral purposes
suit can be filed for specific performance on basis of un registered agreement for sale
Sir you are getting deep into this. This would be easily handled by your lawyer in court, don't worry.
This agreement is invalid
Supreme court will pass judgment on the disposal of a case before it.
The law about unregistered sale agreement has been thoroughly explained in the previous posts.
Therefore you may peruse the provisions of Indian Registration Act for more clarifications
The Supreme Court on September 2, 2019, in the case of Prakash Sahu v. Saulal & Ors. has upheld a Trial Court order holding that an unregistered agreement of sale can be seen for collateral purposes under the proviso to Section 49 of the Registration Act, 1908.
- Laws are equal and similar in all over the India.
- As per the Delhi High Court , it is permissible to grant the relief of specific performance to execute a sale document against an unregistered agreement to sell when possession of the property is not handed over.
- Further as per the Supreme Court on September 2, 2019, in the case of Prakash Sahu versus. Saulal & Ors. has upheld a Trial Court order holding that an unregistered agreement of sale can be seen for collateral purposes under the proviso to Section 49 of the Registration Act.
He has the land and hence he has ti come up with some good enough reasons and evidence to convince the court that he was unable to perform the contract.
There is no specific requirement of the registration for agreement of sale of immovable property. Therefore, a suit for specific performance or performance of a contract can be instituted on the basis of an un-registered agreement of sale.
There is no specific requirement of the registration for agreement of sale of immovable property. Therefore, a suit for specific performance or performance of a contract can be instituted on the basis of an un-registered agreement of sale.
There is no specific requirement of the registration for agreement of sale of immovable property. Therefore, a suit for specific performance or performance of a contract can be instituted on the basis of an un-registered agreement of sale.
Sir
Sale deed or sale agreement is required to be registered under section 17 of Registration Act and Stamp Duty is attracted as per value, area and shedule of the property.
You have to register sale agreement as per Law otherwise it has NO VALUE before Court of Law.
Sale deed and sale agreement are one and same document which are referenced as Sale deed or Sale Agreement usually we mention in land deal.
Conveyance deed is different from sale deed or sale agreement.
Deed itself refers to an agreement or contract between parties in law lexicon.
Agreement or deed refers to same context and meaning there of
Unregistered sale deed or sale agreement cannot be enforced under the law as per amendment made in 2001 in Registration Act 1908.
Where is the question of validity for period of 3 years if instrument is invalid.
Please update with all amendment in the Act with precedence then comment upon answers of Senior Lawyers.
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