I differ to agree with the opinion of Mr.Vishal on the aspect that mere non registration of the agreement of sale do not prevent the buyer to agitate his rights available under the unregistered sale agreement.
1).Even unregistered sale agreement can be admitted and received as an evidence and the same can be exhibited as document in trial proceedings in a suit filed for specific performance:Section 49's proviso states" Effect of non-registration of documents required to be registered No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—"
a) affect any immovable property comprised therein, or tc " (a) affect any immovable property comprised therein, or "
(b) confer any power to adopt, or tc " (b) confer any power to adopt, or "
(c) be received as evidence of any transaction affecting such property or conferring such power, tc " (c) be received as evidence of any transaction affecting such property or conferring such power, "
unless it has been registered:
[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)2, 3[***] or as evidence of any collateral transaction not required to be effected by registered instrument.]tc "1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)2, 3[***] or as evidence of any collateral transaction not required to be effected by registered instrument.]"
4). Regarding whether your buyer has got any rights under his 25 year old agreement of sale:
2). An agreement of sale engrossed on Rs.100/- Non-Judicial Stamp Paper is undoubtedly valid at law and same can be received by Court and mark the same as Exhibit
3).It all depends on the construction of the recitals of the sale agreement. if there is not date mentioned. The limitation begins to run from the date of first demand/ refusal and one has to file suit within the period of three years from the date of demand/refusal
ii). Further more, you have not stated whether you whispered about the earlier agreement of sale in the sale deed registered infavour of third pary. What did you recite in the registered sale deed with regard to handing over the Original link Sale Deeds. Did you mention the link sale deeds are missing.
iii). Are you residing in the same address since from the date of agreement.. Enquire about any court proceedings already initiated by agreement holder to ensure that he did not obtain exparte decree against you. In such an event your subsequent registered sale deed may be set aside.
However, I do agreewith my learned friends' opinion that inordianate delay of 25 years will definitely disentitles the buyer to enforce his rights for specific performance of agreement.
