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Is an unregistered agreement on a blank paper valid
17-Feb-2023 (In Property Law)
I am owner of a house. I executed an unregistered agreement on blank piece of paper (not registered or stamp paper) with his signature in favor of B. we agreed with 1 crore deal and I received 6 lakh as an advance. he promised me to pay all amount within 3 months but now he refused to purchase my house without any reasonable ground and demanding for money back . My question is, this agreement is valid or not in court of law? Can I file a suit through specific performance act or retain the initial earnest money payment and terminate the contract? He threatened me for criminal case as a fraud and civil case also if I did not return his money.
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.
If your agreement is after this date, then 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.
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.
If your agreement is after this date, then 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.
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Adv. Siddhant Sharma
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Can unregistered agreement of sale be used as an evidence for collateral purpose?
The Proviso of Section 49 of the Registration act allows for the use of unregistered documents as collateral purposes. A collateral transaction is one that is independent or divisible from the main transaction for which registration was required. 13-May-2023
How long is an unregistered contract valid?
Unregistered Sale contracts are legally binding and insufficient stamp payments can be ordered by a court. A sale contract without registration has a validity period of three years.
What is the Supreme Court Judgement on agreement to sale?
The Supreme Court has ruled that although an Agreement to Sale does not transfer ownership rights to an immovable, if the prospective buyer performs their part of the agreement and takes possession of the property then they are said to have acquired possessory titles and the same applies... 07 Jun 2023
What if the date of agreement to sell and date of registration is different?
It is clear from 56(2)(vii), that the stamp duty amount can be calculated based on the agreement date fixing the consideration instead of the registration date. 11-Dec-2022
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