Should agreement be registered?

Anya ji,

Keeping in view present situations in property deals, it is better to register a sale deed before presenting for evidence eventhough registration is not compoulsary. 

agreement  for sale not required to registered. You can file the case on the basis of the agreement for specific performance

subhash kumar, adv

A mere agreement of sale does not require registration. What it requires is, execution on a sufficient stamp paper. It is admissable in evidence. But if the possession is deliverd through the said agreement, it requires registration and will be treated as sale deed. Stamp duty will be collected as if a sale deed.

 Thanks. I am just looking at all the points.  A suit has been filed against me (actually my husband) for specific performance. 

 Agreement to sale should be registered as it would make the intending purchaser of immovable property more secure. Rate of stump duty and registration fees are different in different states. In Assam, stamp duty is charged @ 6% of the settled amount, if the intending purchaser is male and 5% if it is female. Rate of Registration Fees is as per the slab approved and declared by the State Govt. Generally, stamp duty and registration fees are charged at the time of execution of FINAL SALE DEED and not at the time of registration of Agreement to sale rates of which are different and can be gathered from concerned Sub-Registrar. Being in Land Dept. of OIL INDIA LTD. , we usually follow the above procedure.

Dilip Kumar Borah,  

 Hi Again ..

Sorry, after going through various opinions on this forum I am getting conflicting answers:

The Agreement of sale has been executed in Maharashtra.

https://igrmaharashtra.gov.in/FaqStampDuty.aspx#3

The buyer has not stamped document properly and has paid insufficient stamp duty. 

The buyer has not registered the Agreement.

Can this agreement be admitted in evidence?

 Dilip, just saw your reply. Thank you.

In the above link I sent, it says that the Agreement for Sale has to be stamped otherwise no evidentiary value. Is that correct?

If someone is relying upon an agreement for for sale for suit for specefic performance of contract and consequently getting it registered then the sale agreement would not be formally exhibited unless the full stamp duty is to nbe paid on the suit property. In other words mere non-registration would not make it inadmissible for formal froof if the stamp duty is paid even at that time.

Your question is certainly not clear madam as to what purpose you are raising the doubt. Normally, any agreement has full force of evidence in the eyes of law unless it is opposed to public policy and/rebutted by the either party. The admissibility of an agreement depends upon the terms and conditions each party is obliged to perform. All Contracts are agreements, but all agreements are not Contracts. Furthermore, the attesting witnesses should agree to support either of the parties. If they oppose the intention of the parties or the very execution itself, then the court will exercise its option to make roving enquiry to adjudicate the matters putforth before it and the reliefs sought for by the plaintiff (petitioner). I hope your question cannot be answered in one word "yes" or "no".

Pl.go through sec.17 of the Registration Act and also State amendments thereto.

Registration is not compulsory for agreements. But you can. As per evidence act there is no bar to produce. You may have to prove it by  adducing evidence. The agreement must be on stamp paper. If not so, the court can impound it  and sent for collecting penalty from you.

 If the agreement is a conveyance does it still not require to be registered?

As Mr Niranjan has pointed out I am  referring to Sec 17 of the registration act as well as the Mumbai Stamp act.

For evidence to be admissible, the agreement has to be stamped adn registered.

How an Agreement  can be a conveyance deed?

No scope. Agree ement for sale should only be duly stamped but its registration is not required to be made compulsorily and section 17 of Registration Act is not attracted in this case as it is not change of ownership rather an agreement to be performed by both parties stating specific terms and conditions meant for both the parties to be adhered to.

Stamp is necessary but not registration.