Validity Of Unregistered Agreement

3. Return the amount of the advance you received if there is no premeditation clause in the above agreement. 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] The under-supervision of section 49 provides for a departure from the above rule, providing that an unregistered document, which affects real estate and must otherwise be registered either by the registration law or by the TPA, can be obtained as proof of a contract in a lawsuit for a specified benefit or as evidence of an incidental transaction. The Supreme Court in KB Saha-Sons (P) Ltd/Development Consultant Ltd [(2008) 8 CSC 564] found that a mandatory document, if not registered, can only be considered in a court action for a given benefit as evidence of a contract performed between two parties and that this unregord document cannot be considered as proof of the content of the contract. Therefore, if a document is inadmissible as proof of non-registration, none of its provisions can be admitted as evidence. A sales contract is a legal document that constitutes the conditions under which the sale of the property is made by the seller to the buyer. It also contains details of the consideration for which the property is sold. The agreement sets out all the essential conditions and a timetable for future payments that the buyer must make to the property. It is the most important document because it facilitates the entire flow and process of selling and transferring ownership.

2) If, under the agreement, 4 months were given to make the payment and the buyer failed to pay the balance of Rs 19 Lakhs, you should have issued notice at the end of the 4-month period. Family, acquaintances or strangers. A written agreement should be automatically terminated after the four-month period expires, in accordance with the terms of the above agreement, unless the two parties mutually extend the deadline for a new period. Dear customer this agreement is invalid, send a legal opinion to this owner. Please click icon. ADV SUNIL KUMAR SINGH Section 49 of the Registration Act is new and gives for the first time a legislative sanction for the fair doctrine of partial delivery.