Agreement without Registration

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What the purchase contract creates is a right for the buyer to buy the property in question under certain conditions. Likewise, the seller receives the right to receive the consideration from the buyer in accordance with its part of the General Conditions. The process of registering the deed of sale is also carried out in the office of the sub-registrar after payment of stamp duty and registration fees. There are certain agreements that should be mentioned under the Indian Stamp Act that should be made on stamp paper, but do not require mandatory registration, such as: From the above definition, it is clear that a purchase contract contains a promise to transfer a property in question in the future to meet certain conditions. Thus, this agreement itself does not create any right or interest in the property for the proposed buyer. Is the purchase contract registered? Why did you pay the full amount before signing up? Do you have a document other than the agreement to prove that the land is in your possession? When was the agreement concluded? after 6 months, the unregistered agreement has no you have proof of payment of the full amount? What was the payment method? Call me what to do The deed of sale made by the grandfather must be registered during his lifetime. You cannot now sign the registration documents on his behalf. Now, said registration can only be possible when the said property has been legally transferred to the legal heir and he registers it. If one of the parties has died, because agreements will take place, there should be an offer and an acceptance of the agreement, only then he will be treated validly in the eyes of the law and he did not appear before the registrar to change the ownership of the property. How the government will learn whether the property will be sold or not. Now the parties must be alive to sell. It is therefore not currently a valid contractual document.

A purchase contract is a promise in the future that ownership will be transferred to the rightful owner, while the deed of sale is the actual transfer of ownership to the buyer. The Indian Stamp Act, 1899 deals with stamping agreements/documents in India. Stamping of agreements and documents is desirable because it ensures legality and validity, applicability and admissibility in court, as such agreements can be registered under the Indian Registration Act, 1908, which in turn guarantees their applicability. On October 31, 2020, a 40-year-old man was arrested by Noida police for deceiving a bank of 2 crore rupees by falsifying deeds of sale and taking loans. On the same day, Madurai Main Session Judge G Ilangovan granted early bail to two sub-registrants arrested by the Dindigul District Crimes Division for registering documents without prior review. According to the police, the two registered the deed of sale without checking the debit certificate, as well as the original documents, parental documents, death certificate, etc. The Punjab-Haryana High Court dismissed the appeal and expressed respectful opposition to the judgment in Gurbachan Singh v. Raghubir Singh, in which there is a conflict over the legal situation as to whether a claim for a particular service can be decided on the basis of an unregistered contract of sale with respect to section 17(1A) and section 49 of the Registration Act.

Conflicts between two single-bench decisions were brought to the attention of the Court. In the case of Gurbachan Singh V. Raghubir Singh[6], the honourable court ruled that the contract of sale, acquired by supply of goods, is inadmissible as evidence if it is not registered, but in the Birham Pal & Ors case. V. Niranjan Singh & Ors. [7] The Court held that, on the basis of section 49 of the Registration Act, such an agreement may serve as the basis for an action for a particular benefit. These two judgments contradict each other and the legal situation of two sections of the Indian Registration Act. Section 49 of the Registration Act is new and penalizes for the first time the fair doctrine of partial enforcement. This section of the Act is widely recognised that a specific application for enforcement may be made on the basis of an unregistered contract of sale and may be admissible as evidence. .