Under registration act

Querist : Anonymous (Querist) 22 September 2011 This query is : Resolved
what is the effect of non registration of document required to be registered.agreement to sale if not registered can it be used for any purpose.i want to know can it be used for part performance under 49 regn act.

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Raj Kumar Makkad (Expert) 22 September 2011
No. It can be now used only if it is duly registered.

Querist : Anonymous (Querist) 22 September 2011
even for collateral purpose it can not be used?????

R.Ramachandran (Expert) 22 September 2011
A mere agreement to sale is not required to be registered (except in the State of U.P.) unless the possession is also delivered.
It is only when possession is also delivered then the Agreement to Sell is to be compulsorily registered in terms of Section 17(1A) of the Registration Act, 1908.

Querist : Anonymous (Querist) 22 September 2011
thanks experts

prabhakar singh (Expert) 23 September 2011
The view expressed by Mr. Ramachandran,is absolutely correct,in UP,it would be treated void,and benefits derived by parties shall revert back to original position,hence any earnest paid there under shall be payable back to party paying,if denied by party receiving,a suit of it realizing back would lie on behalf of paying party.

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