Validity Of Unregistered Agreement

Whether you are completing land for the construction of a house (in this case, it is called a construction contract) or an apartment to a client, the sales contract is a document that you must carefully review before signing. Once signed, you can`t fight back ahead with what`s on it. Section 49 of the Registration Act 1908 deals with the effect and validity of an unregreg registered document to be registered. It state that “no document may be obtained under section 17 (or a provision of the Property Act, 1882, which must be registered) if an unreg registered agreement of sale accompanied by delivery of the property to a person can be obtained as evidence of the agreement and an action for a particular performance would be based on an unreg registered sales agreement: Here is what should be included in your sales contract Section 49 of the Registration Act is new and gives for the first time the just doctrine of partial performance sanctioned by law. This section of the law is widely accepted, as a legal action may be based on an unregistered sales contract for a given performance and may be admissible as evidence. The reservation in Article 49, which was an unregreg registered document, could be obtained as evidence of a contract in an appeal for a given performance[3]. Hon`ble Judge Badar Durrez Ahmed and Hon`ble Judge Siddharth Mridul approved the conclusion of Section 49 of the Registration Act, held by the Single Scholarly Judge, where the unregistered sales agreement could be obtained as evidence in the case of Vinod Kumar & Anr. against Ajit Singh.[4] A sales contract is a legal document that represents the conditions under which the sale of the property is made from the seller to the buyer. It also contains details of the consideration for which the property is sold.

The agreement completes all the essential conditions and a schedule 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 real estate. Section 17 of the Registration Act 1908 clearly states that all documents containing contracts for the transfer of immovable property such as land, buildings, hereditary allowances, fishing, ferries, lights, the extended right of Section 53A of the Transfer Of Property Act must be registered. To simplify this, we can say that an unreg registered agreement is not valid proof of entitlement to real estate. 3) Contact a local lawyer, terminate the contract and refund the money paid in accordance with the provisions of the sales contract There are a large number of ongoing projects in which the developer has asked the buyer for more than 10% of the cost of ownership under the ATS and may have received from the buyer, which have not been registered (in the absence of a requirement) and are still not registered. The Hon`ble Punjab-Haryana High Court dismissed the appeal and expressed its respectful opposition to the judgment in Gurbachan Singh V. Raghubir Singh where there is a rule of law as to whether an appeal for a particular performance may be ordered on the basis of an unregistsed sales agreement with respect to Articles 17, paragraphs 1A and 49 of the Registration Act. The conflicts between two single Bench judgments were settled by the court. In the case of Gurbachan Singh V. Raghubir Singh[6] decided by the Hon`ble court that the sale agreement, acquired by delivery of goods, is inadmissible as evidence if it is not registered, but in the birham Pal & Ors case. V. Niranjan Singh & Ors.

[7] The Tribunal decided that, on the basis of Article 49 of the Registration Act, such an agreement could form the basis of an appeal for a given service. These two judgments are contradictory and run counter to the legal situation of two sections of the Indian Registration Act. 1. As the interested party has not kept his promise to pay the balance within the agreed period of 4 months, you can terminate the contract by sending a lawyer`s notice….