Agreement Of Property expired


I had done a agreement of property to buy in 2012. It includes that I had given 8.5 lakh to the landlord. The landlord had signed the agreement. The agreement is not registered. Now the landlord is not doing the registry. Should the agreement is valid? Should I get the money return or get the property. What would happen in court?

Answers (3)


324 votes

Hi,

Vide section 4 of Registration (M.P. Amendment) Act 2009, clauses F and G have been inserted in section 17 of the Indian Registration Act, 1908 which provides that "any document which purports or operates to effect any contract for sale of any immovable property compulsorily requires registration".

The said amendment has come into force in the state of MP from 14.01.2010, which is the date of its publication in the gazette of MP.

Your agreement is after this date, thus it is not valid in eyes of law. However, you have another right to sue him for specific performance of contract alleging verbal contract of sale and get the registered sale deed executed based on it through court. Alternatively, you also have a right to get the refund through court with interest.

Regards
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP, Indore


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298 votes

You can get property by seeking decree for specific performance of agreement to sell against the landlord... by filing civil suit before civil court where property is situated ...if landlord signature proved in agreement or your amount is received by landlord you will definately get relief

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114 votes

First of all you please mention in which state you have executed the agreement . the registration of agreement depend upon state to state. still you can file suit for specific performance of agreement for getting the sale deed registered. the court can order return of money or can direct execution of sale deed.

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