Specific performance

Querist : Anonymous (Querist) 05 September 2011 This query is : Resolved
i have filed suit for specific performance and possession of suit property. i am the plaintiff. the suit filed by me to get the agreement registered in my name and to give possession of the same. The Defendant initially has given me in written agreement which is neither notarised nor registered. on the basis of such document i am seeking specific performance and possession of suit property. suit proceeded exparte. during the course of argument judge asked me that can anybody claim suit for specific performance and possession on the basis of unregistered/unnotarised agreement??? waitin for reply if possible along with case laws...

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Chanchal Nag Chowdhury (Expert) 05 September 2011
Agreements such as yours are not compulsorily registrable. It is sufficient if it can be proved that both parties did enter into the Agreement voluntarily.
U R advised to show Sec. 17 of The Registration Act as well as seek the benefit of Sec.53A of The Transfer of Property Act.

prabhakar singh (Expert) 05 September 2011
If your suit is pending in state of UP then you are in soup as here registration of even agreement to sale with regard to immovable property is also compulsorily .

Querist : Anonymous (Querist) 05 September 2011
no it is in state of maharashtra...

R.Ramachandran (Expert) 05 September 2011
Mr. Chanchal is absolutely right so far as Sec. 17 of the Registration Act is concerned.

But Sec. 53A of TPA cannot be quoted for the simple reason that no part performance has taken place from either side. In fact the defendant has not given possession to the plaintiff so far. So Sec. 53A of TPA will have no application.

niranjan (Expert) 05 September 2011
Under sec.49, of Registration Act unregd.sale agreement is enforceable.

Raj Kumar Makkad (Expert) 05 September 2011
I do agree with Ramachandran.

ajay sethi (Expert) 05 September 2011
whether suit ptoperty is flat on resale basis ? if its flat which you have sought to purchase on resale basis then it is not compulsory registerable

R.Ramachandran (Expert) 05 September 2011
Dear Mr. Niranjan,
In the present query, it is about "agreement to sell" and not "Sale Agreement".
The party has an unregistered agreement to sell, on which basis they are seeking specific performance for execution of "Sale Deed (Sale Agreement)" and for possession.

Guest (Expert) 05 September 2011
experts rightly assessed the same and rendered opinion. kindly follow them.

girish shringi (Expert) 09 September 2011
If you are in Maharashtra the Registration Act as specified by the experts is applicable,tell your advocate to see lots of citations are there to confirm the facts.

Wherein in olden days the agreement to sale were done orally that were also effective,you should have solid witnesses to prove your case.

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