Specific relief act
rajinder ansh
(Querist) 11 May 2012
This query is : Resolved
is the suit maintainable for specific relief act on the bases of unregistered agrreeement to sell
Advocate Bhartesh goyal
(Expert) 11 May 2012
If the possession of property has been handover to buyer,then registration of sale agreement is must else not.
R.K Nanda
(Expert) 11 May 2012
Yes, it is maintainable.
ajay sethi
(Expert) 11 May 2012
yes it is maintanable
Shonee Kapoor
(Expert) 11 May 2012
Yes, it is.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
N.K.Assumi
(Expert) 12 May 2012
Ashutosh, please post the UP Amendment in the forum.
ashutosh mishra
(Expert) 12 May 2012
Assumi !
To appreciate my point of view one need to go with UP Act No.57 of 1976 which is in force w.e.f.01.01.1977.I do not have its soft copy so not able to load.
Sub section (1) of Section 17 of the Registration Act enumerates those categories of documents of which registration is compulsory. Clause (v) of sub section (2) of section 17, after its amendment by U.P. Act no. 57 of 1976, which came into force on 01.01.1977, reads as follows:
17(2) Nothing in clauses (b) and (c ) of sub-section (1) applies to-
(i)......................
(ii).....................
(iii).....................
(iv)......................
(v) any document, other than contract for sale, not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; .....
In view of the aforesaid provision, the contract for sale of immovable property in Uttar Pradesh has to be a registered document. Section 49 of the Registration Act, as applicable in Uttar Pradesh after its amendment by U.P. Act No. 57 of 1976, provides that no document required by section 17 or by any provision of the Transfer of Property Act, 1882 or of any other law for the time being in force, to be registered shall affect any immovable property comprised therein, or be received as evidence of any transaction affecting such property or conferring such power or creating such right or relationship, unless it has been registered. In view of this provision, an unregistered agreement to sell of immovable property is inadmissible in evidence.
V R SHROFF
(Expert) 13 May 2012
yes, it is maintainable.
