Property under dispute
kalyani choudhury
(Querist) 08 February 2009
This query is : Resolved
If there is an agreement to sell between a builder and X, if it is not registered is it valid in court ? Builder has paid some money to X and x is heir of part share of the property .If valid then for what time period ?
Kalyani
Kiran Kumar
(Expert) 09 February 2009
well certainly the consideration is more than Rs. 100/- thus the doucment may not be used for the purpose of specific performance.
though u may prove the doucment with the help of witnesses.
u must be having some proof regarding monetory considerations...so u can be successful in recovery suit if u need ur money back.
lets c what other Ld. Experts say.
sanjeev murthy desai
(Expert) 09 February 2009
Yes Mr. Kiran is absolutely right,
If it unregistered you can't take benifit of the section 53A of the Transfer of Property Act - Part performance.
sanjeev desai
A. A. JOSE
(Expert) 09 February 2009
I am in complete agreement with my friends please.
kalyani choudhury
(Querist) 10 February 2009
Thanks for the replies. Can you pls. elaborate on - 53A of The transfer of Property Act - part performance , Please. What does it say ? Kalyani
kalyani choudhury
(Querist) 14 February 2009
Mr. Desai says that The Agreement Holder CANNOT take benefit of 53 A of The transfer of Property Act While Mr.R.Subramanium says he CAN.
Pls. tell me for sure which one is true.
Thanks,
Kalyani
kalyani choudhury
(Querist) 14 February 2009
Pls. inform what action the Builder, Holder of the Agreement to Sell can take against X and whether he can take benefit of the transfer of property act. Kalyani
PALNITKAR V.V.
(Expert) 16 February 2009
The agreement to sell need not be registered always. Please see Sec. 17[2][v] and explanation of Registration Act. It makes clear that agreement i.e. contract to sell immovable property which requires another document for completion of the transfer does not require registration. However, if possession is transferred at the time of agreement to sell then it may amount to transfer.
17.Documents of which registration is compulsory.-
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. 1864 (XVI of 1864 ), or the Indian Registration Act, 1866 (20 of 1866 ), or the Indian Registration Act, 1871 (8 of 1871 ), or the Indian Registration Act, 1877 (3 of 1877 ), or this Act came or comes into force, namely:--
(a) instruments of gift of immovable property;
(b) other non- testamentary instruments which purport or operate to create, declare, assign, limit or extinguish,
1. Sub- section (1) of s. 14, rep. by the A. O. 1937.
whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
(c) non- testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
(e) 1[ non- testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:] Provided that the State Government may, by order published in the Official Gazette, exempt from the operation of this sub- section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.
(2) Nothing in clauses (b) and (c) of sub- section (1) applies to--
(i) any composition deed; or
(ii) any instrument relating to shares in a joint stock company, notwithstanding that the assets of such company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or
1. Ins. by Act 21 of 1929, s. 10.
(iv) any endorsement upon or transfer of any debenture issued by any such company; or
(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards 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; or
(vi) any decree or order of a Court 1[ except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject- matter of the suit or proceeding]; or
(vii) any grant of immovable property by the Government; or
(viii) any instrument of partition made by a Revenue- officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871 (26 of 1871 ), or the Land Impr
Abhishek
(Expert) 17 February 2009
well...i gained from all posts..thnx.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 10 February 2009
