P.Elamaran (Law Officer in a CPSU) 19 September 2008

Registration of Agreement to Sell

Dear all Legal Eagles, I am new member of this forum

As per the amendment made to 17(1) of Indian Registration Act,1908 on 24.09.2001, an agreement to sell an immovable property has to be compulsorily registered in order to avail the protection U/s-53A of Transfer of Property Act.This process of registration of agreement to sell , gives the purchaser an immediate hold over the property from the date of execution.

regards, P.Elamaran.

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 September 2008

Wish u best of luck

P.Elamaran (Law Officer in a CPSU) 20 September 2008

Dear Mr.Ramachary, thanks a lot for your encouraging words.

- With regards.

CSSR Venugopal (advocate) 28 September 2008

I appreciate u in discussing this imp sec of REG act. My sincere advise to u is go through sec 17 of REG act and understand what are the documents liable to be regestered? what docs are not liable to be registered? can i ask u that Is GPA is liable to be regitered under 17 of REG act?

P.Elamaran (Law Officer in a CPSU) 04 October 2008

Dear Mr.Venugopal,

First of all , I would like to thank you for appreciating me. The amendment dated 24.09.2001 made to Sec.17(1) of Registration Act -1908 had added a Clause "A" to Sec.17(1) of the said Act, which now makes the registration of an agreement to sell an immovable property , mandatory one, so that the purchaser gets the protection available U/s 53A of T.P.Act (doctrine of part performance). With regard to your query pertaining to registration of a GPA. If the GPA is issued for the purpose of purchase or sale of an immovable property , then the GPA has to be registered , otherwise it need not be registered.

With warm regards.