Suit For Specific Performance Of Unregistered Agreement To Sell

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The Delhi Supreme Court briefly outlined the legal situation as follows: there is a fundamental difference when a sale is to be recognized solely on the basis of a sale agreement, proxy, will, etc., and in a case where a specified benefit is sought on the basis of an unregord sale agreement. In the latter case, the party requests the intervention of the Court of Justice to conclude the sale transaction that had begun with the sale agreement. The sale is not yet complete. In the case of a sales contract, there are two categories, one in which ownership of the property is transferred at the same time as the performance of the contract and the other in which no property is surrendered. If the sale agreement is not accompanied by the property, then this does not require registration. If the agreement is related to possession and is not registered, the property is protected under Section 53A of the TP Act. However, for this to be recognized as a sale, given the changes made to Sections 17 (1A) of the Registration Act and 53A of the TP Act, it would have to be registered. On the basis of this position, the Court held that it was legally permissible to seek the concrete execution of an unregant sale agreement if the ownership of the property was not surrendered. … authorisation of the rule of law. [5]. As a result of the impugned order, the Tribunal dismissed the appeal on the principle that the appeal was based on the…

Property Act. Subject to Article 49 of the Registration Act, the non-registration of such a contract would not prohibit the introduction of legal action for a particular benefit on the basis of such an agreement…). Applicant/respondent party filed a complaint for the specific execution of the agreement for sale of 20.10.2012 executed by the defendant in favour of the applicant with respect to a semi house… In light of the above, the contract for the sale of real estate in Uttar Pradesh must be a registered document. Section 49 of the Registration Act, as in Uttar Pradesh after it was amended by the U.P. Act 57 of 1976 provides that no document required by Section 17 or by a provision of the Property Transfer Act of 1882 or any other statute that is currently registered is assigned to all real estate contained in it or that it is received as evidence of a transaction that affects that property, which confers a power or creates such a right or relationship, unless it has been registered. In light of this provision, an unregreged agreement on the sale of real estate as evidence is inadmissible. Applying the law to the facts of this case, the Court held that physical possession of the property had not been handed over to the applicant at the time of the execution of the 06.08.2013 documents and that no registration was therefore necessary. Accordingly, the Tribunal was pleased to grant relief from the special benefit to the applicant against an unregord sale agreement and ordered both parties to execute the sales documents within four weeks. … in such a case, such a document, which is an unregord sales agreement, can still be stripped of the exemption from the special benefit. In other words, even if…

The sales agreement should have been registered, but is not registered, the condition of section 49 of the registration law… the specific execution of the sales agreements, to the extent that the action relating to certain services for the registration and stamp of the agreements of … decree of the specific benefit was granted to him. We have carefully considered this aspect in the context of the considerations contained in the unreg registered agreement on the sale of the costume plan… On 19.4.1992, it was sold for the benefit of the applicant and entered into an unregord agreement in which it was agreed to sell the proposed 2.08 hectare property.