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Raghavendrahari.N (Self Business)     06 December 2020

Unregistered agreement for immovable property

Unregistered agreement was made and both parties agreed that unregistered agreement is invalid after 90 days. Buyer went to court. Is it valid.


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 5 Replies

Dr J C Vashista (Advocate)     06 December 2020

What is the subject matter of suit filed by the vendee / purchaser ?

Whether the subject agreement to sell valid for 90 days ? Terms and conditions of the agreement shall be required to be perused, examined and analysed.

Kishor Mehta (CEO)     06 December 2020

An unregistered agreement for an immovable property is not legally  valid.

1 Like

Isaac Gabriel (Advocate)     06 December 2020

It depends on the issue and subject and conditions omposed.

Dr J C Vashista (Advocate)     07 December 2020

Unregistered agreement to sell can be enforced and admissible in evidence, it is optional to get it registered.

Raghavendrahari.N (Self Business)     07 December 2020

Namaste Sir,

Could you please comment on below on unregistered document.

Section 17(e)(1A) in The Registration Act, 1908

27 [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]

 

If any unregistered document allowed in any court ,then all fake and forged documents will be filed for immovable properties of owners who are staying away and who are ignorant. Whatever be the terms and conditions written in any document must be registered for any type of immovable properties. 

Reference Links:

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https://lawmirror.com/search/search.php?q=unregistered%20document%20not%20admissible%20in%20evidence&sel=headnote&page=1&fbclid=IwAR3aTeI_YHtiovD8hJ2m7UchAi7ti7cPa_dgbOFvD6Q2vOwMmz6FNEPu978

https://realty.economictimes.indiatimes.com/realty-check/fate-of-executed-unregistered-agreements-for-sale-for-on-going-projects-under-rera/2453

 


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