Registration of agreement to sale in this situation

Querist : Anonymous (Querist) 15 February 2011 This query is : Resolved
Suppose X, Y and Z are the nominees (varas of owner (Interstate Succession)) of flat but the possession at X and Z want to sell his share, this is the situation so the agreement to sale which between Z and other party need to register, I listen supreme court says there is no need to register agreement to sale if the sealer not having possession. My question is whether the notaries’ agreement to sale is valid in this situation.

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pawan sharma (Expert) 15 February 2011
no, you should go for registerd agreement insted of notarized agreement, to aviod futher litigation in future.

Querist : Anonymous (Querist) 15 February 2011
Thanks pawan for replay, but my question
whether the notaries’ agreement to sale is also valid in this situation

pritamsaini (Expert) 15 February 2011
yes without handover possession at the time of agreement to sale there was no need to registration as per amendment of 2001 of registration act.As per fact of case it not safe to purchase share in flat/residential house by a stranger without getting partition

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