Specific Performance Of Unregistered Agreement

. Gowder v. Bheema Gowder (AIR 1960 Mad 33) also recognizes the applicant`s right, in an appeal for a given performance, to file an unreg recorded sales document as evidence „for the precursor. Document in the future”, and if such an agreement is demonstrated by the establishment of an unregistered document, the question will always arise as to whether the previous sales agreement is applicable (a.). The unreg registered deed of sale can be obtained as proof that the contract, which must be concretely performed in the case of an appeal for a given service, cannot be contested. The reservation in question was introduced for ove. « 10. In the present case, the applicant did not apply for a partial benefit under section 53A of the Transfer of Ownership Act and, in those circumstances, section 17(1A) of the Registration Act, which was intended only for the provisions of section 53A of the Transfer of Ownership Act, was not attracted and, therefore, the agreement did not require registration. Such an agreement is covered by the claim of section 17(2)(v) of the Registration Act and does not create, declare, transfer, limit or thereby remove any right, title or interest in the property. On the contrary, as in Sukhwinder Kaur (e.g., e.g.), it creates a right to obtain another document that, upon performance, creates, declares, declares, re-indecates, limits or extinguishes rights, titles or shares in the property. Not only that, but the provisions of Section 49 of the Registration Act make the position clearer. It provides that an unregistered document relating to immovable property which is required to register under that Act and the Transfer of Ownership Act may be obtained as evidence of a contract in an appeal for a specified performance under Chapter II of the Specific Relief Act, 1877.

Furthermore, as indicated in Sukhwinder Kaur (a.3.), a common interpretation of section 17(2)(v) and subject to section 49 of the Act leaves no room for doubt that the agreement for the sale of property does not itself create any right or ownership of the property. It is the deed of sale which, when executed, creates such a right in the property. Therefore, an agreement to sell is not necessary and the same must be obtained as evidence in an action for a specified benefit under Chapter II of the Specific Relief Act 1877. The applicant has another remedy for bringing an action for a particular benefit, so that an appeal for an injunction under section 41(H) of the Specific Relief Act would be precluded.4. Lord. The database of this data was not wartable.8. It is true that, on the basis of an unreg registered sales agreement, the petitioner will not be able to do so for a specified performance of . Property claims in favour of third parties who say that the sales agreement between the parties was concluded on 04.10.2012, but the same has never been registered; where the applicant has requested the defendant to enforce it. The Supreme Court recently upheld an injunction of the Court of Appeal allowing the applicant to add evidence of an unregited purchase agreement insufficiently stamped in his application for recovery of the serious money he allegedly paid at the time of performance of the contract of sale. Section 17(1A)[1] of the Registration Act 1908 provides that „documents containing contracts of consideration shall be registered for any fixed asset within the meaning of section 53A of the Transfer of Property Act, 1882, when they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act.

2001 and such documents shall not be registered on or after such commencement, then they have no effect for the purposes of the above-mentioned Article 53A`. . . .

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