Specific Performance
P.S.Subbaraman
(Querist) 25 July 2009
This query is : Resolved
A Plaintiff has filed a suit for specific performance and he has pleaded that under Sec 53 A of Transfer of Property Act he is protected, but as per the recent amendment when possession is given through an unregistered agreement under Sec 17 of the Registration Act the document has to be registered. Will the Plaint suceed in the suit ?
PALNITKAR V.V.
(Expert) 25 July 2009
The section itself is clear on the point of registration. See the words "though required to be registered, has not been registered" in the section.
adv. rajeev ( rajoo )
(Expert) 26 July 2009
If the agreement of sale is unregistered and possession is handed over. The unregistered deed will not be exhibited. Plaintiff will have to pay the 2%as stamp duty on the total sale consideration and 11 times of the 2% as penalty.Then only plaintiff will get success, otherwise no.
J K Agrawal
(Expert) 26 July 2009
even after such payments the document is not registered so it is not admissible in evidence.
Further s 53A does not give any special right to transferee (even before amendment the position was same).
It debars only some rights of transferor.
Y V Vishweshwar Rao
(Expert) 28 July 2009
Sec 17 Registration Act 1 (A) ;- The Registration of Contract is required to be registred if they are executed on or after 24-9-2001 to claim protection of 53 A - The particulars to be applied to the facts in the case !
