633+ Lawyers are online 
What is the validity of an unregistered sale agreement
05-May-2023 (In Property Law)
I had issued power of attorney to someone for my land and also entered non registered sale agreement on court paper with him for a consideration of Rs.150000 before 5 years back. Person gave me 50000 twice till now and today after a gap of 5 years period from agreement date asking to pay rest Rs 50000/ and give payment clearance . He has also aquired my land. Can I make the sale agreement null and void today on the ground of land cost escalation and non payment of full consideration within reasonable period ?
Unless we read the document we cannot say what is your legal position pertaining to the conditions enumerated in the sales agreement. But yes there are some laws regarding effective transfer of property.
Helpful?
38+
38+
Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
CONTACT NOW
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
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 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
What about the sale deed? Have you registered? Well what you said is agreement to sell the immovable property which is not registered yet right ? But if at all the sale deed has been registered , then also you can file a suit in the court for cancellation of the sale deed and by such order , the purchase and sell of the property in question may be quashed or canceled and you may be able to regain your property.
Helpful?
27+
27+
Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
CONTACT NOW
If the power of attorney is registered the you may approach for cancellation of that and for the sale agreement of there is any specific period determined by you for payment then you may approach through legal notice for revocation of the agreement and also you have to refund the amount which the other party given you.
Helpful?
46+
46+
Adv. Niraj Kumar Sethi
Cuttack | 25+ Answers
CONTACT NOW
A contract of this type will remain valid for three full years after the date of execution. If there is a negative clause, such as a clause that states the buyer must register the property within three months of signing the contract, the limitation period will be extended.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
