The sales contract is also not legally enforceable, and the lack of stamp duty can be paid with the court order. The agreement is valid for three years from that date. So you`re filing a complaint to get the facts registered in court. The deed of sale is the most important legal document by which a seller transfers his right of ownership to the buyer, who then acquires the absolute ownership of the property. 2) if in the registered agreement was the time of the essence of the contract . Please clarify. did he mention that the payment was made within 3 months? Section 49 of the Registration Act 1908 deals with the effect and validity of an unregured document to be recorded. It states that no documents required by Section 17 (or a provision of the Property Act, 1882 for registration) are required. Why were there two written agreements? Were they executed on the same day? This means that any agreement on the sale or sale of unregistered laws is not valid and cannot be considered valid evidence in court regarding such property. Nor does it give power over the property or a right. Therefore, it is of the utmost importance to enter into an agreement to sell or sell the facts in order to complete the sale or transfer of real estate. Under the Indian Registration Act of 1908, any interest transfer agreement must be registered on property worth more than 100 rupees.
Therefore, if you purchased a property for sale as part of an agreement without a good state of sale, you will not receive any right or interest in the property that would be transferred under the sale contract. There is no savings/deeming system under the law that takes into account the fate of unregistered ATS exported before May 1, 2017. In order to determine the fate of these ATs, the law could have been considered to have been registered under the Act before May 1, 2017 (subject to payment of a royalty to the relevant sub-registry), provided that even the ATS that were executed before May 1, 2017 are registered within a specified time frame, as required by the registration of current projects pursuant to Section 3 of the Act. It is concluded that, on the basis of the above Hon`ble Courts, the unregord sale agreement was legitimized, since it could be admissible in a lawsuit for a defined benefit and be admissible in the evidence relating to Section 49 of the Registration Act. The non-registered sale agreement can form the basis of the legal action of a defined benefit and serve as evidence of the contractual agreement or partial performance of a contract. Section 53A should normally be used as a defence and not as a weapon when a defendant has the right to protect his property from the bearer or from his heir or his legal representative. [Provided that an unregord document required by that Act or the Transfer of Ownership Act of 1882 (4 of 1882) may be obtained as evidence of a contract in a lawsuit for a chapter II defined benefit, if the Specific Relief Act, 1877 (3 of 1877), or as evidence of a security transaction that is not to be carried out with the registered deed.” Although the signing of the sale agreement does not mean that the sale has been completed, it is a decisive step in that direction. For this reason, buyers must be fully aware of the terms and conditions set out in the agreement. If the seller does not sell or return the property to the buyer, the buyer is entitled to a special benefit in accordance with the provisions of the Specific Relief Act of 1963. A similar right is available to the seller as part of the agreement to require a certain benefit from the buyer.