• Unregistered sale agreement or deed

An unregistered sale agreement or deed does possess any validity. 

Does a buyer hold any rights on the unregistered sale agreement or deed. 

In this case a sale agreement was signed 2 years ago.
Asked 3 years ago in Property Law
Religion: Hindu

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27 Answers

Depends

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

1. The sake agreement can be enforceable under the eye of law under many circumstances. For example on this basis case before the Consuelo forum cab be filed.

2. However for civil suit like suit for specific performance of contract or suit for declaration the ale agreement if relied on can be impounded by court.

3. Withing 3 three years such suit is to be filed.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Client,

You must get the sale deed registered. There is 3 year limitation. You may still file the case for Specific Performance to get the sale deed registered in your name.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

On basis of unregistered agreement for sale buyer can file suit for specific performance 

 

unregistered agreement for sale is admissible in evidence 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. Yes, the unregistered agreement can be admitted in court as evidence of the transaction.

2. The buyer may file for specific performance of the agreement.

3. Validity of the agreement can be seen from the agreement itself. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is valid for all practical purposes. 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Non registration does not affect validity of agreement for sale 

 

2) cancel the agreement and inform buyer that advance has been forfeited for failure to make payment within period of 3 months 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

In case the buyer has not performed his part of the contract and no notice from the buyer from last two year, then if the buyer goes for the suit you may contest the same in the court.  

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Call me on [deleted]

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

Unregistered sale agreemnt is invalid. But if it is executed on stamp than can be enforced by order of court.

Buyer have failed to make payment and registration of sale deed in given time. Agreement expired, seller is entitle to forfeit advance payment.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes if he has not turned up to register the land it will stand as cancelled. It's very important to mention such condition in the said agreement itself. You can cancel the same and if he objects you can go to court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

- As per law, unregistered agreement not admissible before the court if it is made for property transaction. 

- However, the validity of an agreement is 3 years from the date of execution .

- Since, the said buyer having no communication , then after sending  a notice to the said buyer you can cancel the deal with him , and sell another person legally. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Hello,

  1. The unregistered Sale Agreement does hold legal validity and the  purchaser cannot claim the refund of the amount advanced if he has not acted within the period of time stipulated in the agreement.
  2. If the buyer can establish some evidence that he had communicated with the seller and had sought an extension for specific performance and the seller had assented to it, the buyer may stand some chance. In the absence of communication from the buyer, the seller is not bound by the transaction anymore.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

As per Registration Act 1908 and Transfer of Property Act ,registration of sale agreement is compulsory and mandated under the provisions of law to enforce the suit and cause before the Court of Law.

Therefore, in your case no validity in law for unregistered agreement or deed between the parties. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If there is no communication from the buyer, the amount can be forfeited.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

This agreement is invalid, also 3 months agreement period have expired. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

An unregistered sale agreement is not legally not enforceable in court of law.

However it can be used to recover the money given towards advance for sale consideration amount.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

The seller can issue a legal notice to the buyer stating that as per the conditions of the unregistered sale agreement the buyer has to perform his part of contract in the period of three months by paying the balance of sale  consideration amount and get the property registered on his name, however since he has failed to perform his part of contract, the sale agreement stands cancelled.

You send this notice by rgistered post  and wait for his response after which you can initiate further action as per law

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

A agreement for sale does not create any right or interest in favour of the buyer in respect of the property which is the subject matter of such agreement

See section 54 of Transfer of Property Act

If the agreement requires certain obligation to be performed by the buyer within a stipulated time and the buyer does not take any steps for that, then the seller can deal with the property in any manner he likes since the agreement with the buyer stands automatically terminated upon expiry of the stipulated time stated therein

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

No, unregistered sale agreement / deed does not psoses any validity.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Issue notice and cancel the same.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Validity of the agreement is determined by the contents of the agreement.

Once the purpose/ object of the agreement is completed, it is called executed agreement.

If no period is mentioned not inferred from the wordings of the agreement, we can assume three years

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you can cancel the agreement as the purchaser has failed to comply with the terms and condition of the agreement. The cancellation of an agreement to sell (sale agreement) depends on the terms mentioned in the agreement.In your case, the agreement provides for payment of the balance amount within 3 months, a condition which has been dishonoured by the prospective buyer. Thus, you can proceed to cancel the agreement by issuing a legal notice to him through your lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

An unregistered sale deed is no sale deed at all and no rights or liability arises from it.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

That is an agreement to sell, not a sale deed. Anyways the period has expired. The agreement stands cancelled.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

If the agreement was originally valid only for 3 months, it lost its legal force after the deadline, unless extended by mutual consent.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Buyer can claim his rights if he have made complete consideration as per agreement even if it is unregistered.

Otherwise it can not be enforced on  seller. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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