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Unregistered agreement is valid or invalid
05-Sep-2023 (In Property Law)
I am from Madhya Pradesh. I want to know if the unregistered agreement of sale of a property is valid or not in court.
The contents of unregistered agreement has to be proved before court through evidence and by paying proper stamp duty...and decree for specific performance of contract can be demanded by filing civil suit....it can be valid if proved before court
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Adv. Naveen Dubey
Jabalpur | 25+ Answers
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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.
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.
Regards
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP, Indore
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.
Regards
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP, Indore
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As per amendment act of 2009 in Sate of MP agreement to sale are required to be registered. But still with the help of S 49 of Registration Act you can file a civil suit for specific performance of agreement. If there is deficit stamp duty on agreement get it impounded from competent authority.
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Adv. Sameer Kumar Shrivastava
Gwalior | 100+ Answers
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