Without registration, a buyer has no legal right over the property so, one cannot sell it to anyone under the Transfer of Property Rights Act. Section 17 of the Registration Act, 1908, mandates that documents of immovable property need to be compulsorily registered.
AGREEMENT OF SALE is compulsory to make sale deed in the future. To be considered as a valid evidence in the court of law the agreement of sale needs to be registered.
It is obligatory to register your home (sale deed) under Section 17 of Registration Act, 1908 for it to be legally valid and binding. Property registration process is a step by step lengthy procedure that requires your patient and concentration before you can legally call the purchased property your home.
1. The sale deed once executed and registered can not be cancelled in any circumstances. 2. only if the sale deed is done by force, fraud , coercion or misrepresentation to the material fact then the court can on proof of these allegations can declare the deed as null and void.
sale deed can't be challenged.
It is possible to cancel the registration of your conveyance or title deeds (sale, gift, exchange, transfer) by registering a cancellation deed. A cancellation deed is a legal document that extinguishes any rights the buyer of a property may have had to it.
Unregistered Sale Agreement is enforceable in Law, and any shortage of stamp charges can be paid through the Court's order. Such an agreement will be valid for three years from the execution date.
What is the validity of a registered sale agreement? A registered sale agreement is deemed to be valid for three years. In the presence of a negative clause in the agreement, for instance, in case the buyer is required to register a property within three months, the limitation is then extended by such a period.
In Civil Law
Purchaser fails to pay the balance amount with in the perios mentioned above this agreement shall stand cancelled,null and void the advance amount is not refunded. If this agreement is cancelled the seller shall be entitled to sell the schedule property to any other prospective purchaser.
The sale agreement basically comes before the sale deed, which is executed and signed by the buyer and the seller on non-judicial stamp paper. To execute a sale deed, the buyer needs to pay a registration fee and stamp duty. The sale deed registration concludes the property buying process.
Sale deed gives the rights and interests in the property to the new owner. Sale agreement gives a right for the purchaser to purchase the property in question on the satisfaction of certain conditions. Sale agreement precedes sale deed, signed and executed by the seller and buyer on a non-judicial stamp paper.
49. Effect of non-registration of documents required to be registered.—No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall— (a) affect any immovable property comprised therein, or. (b) confer any power to adopt, or.
If your property isn't registered, it doesn't mean there is a problem with your ownership – it simply means there hasn't been a transaction to trigger the requirement to register since it became compulsory for your area.
If a property is not registered with the Land Registry, then it may be difficult to find or prove who the legal owners are because there is no central record of ownership to search. In order to determine ownership of an unregistered property, the owner must evidence an unbroken chain of ownership for at least 15 years.
Selling an unregistered property
If your property is not registered with the land registry, you can still sell it. However, you will need to provide documentary evidence of who has owned the property for the past 15 years, and ensure that there is a clear trail of ownership to you at present day.
The court held that an unregistered agreement of sale is inadmissible in evidence, it cannot be taken into consideration for passing a decree for its specific performance in favor of the plaintiff.
An unregistered sale deed, though valid under the Registration Act, cannot confer title on the purchaser under Section 54. The purchaser may have his claim to title on the oral agreement of sale preceding the execution of an unregistered document and on the delivery of possession.
If you've discovered that the property is unregistered, you should next apply for a search from the land charged department with a form K15. This will search the land charges against all previous owners since 1925. Once this has been done, you can fill in a form FR1 to apply for first registration for your property.
Unregistered Sale Agreement May Be Received As Evidence Of Contract In Suit For Specific Performance: Madras High Court. The Madras High Court bench of Justice Anand Venkatesh recently observed that an unregistered agreement for sale may be received as evidence for considering the relief of specific performance.
Under Section 35 of the Indian Stamp Act, 1899, an unstamped or inadequately stamped document cannot be admitted in evidence for any purpose, unless it is stamped. under sub clause (a) of Section 35.
It is a valid document though it requires registration. On the basis of such unregistered sale agreement you can file suit for specific performance and must ready to pay penalty for non registration.
A bench of Justice MR Shah and Justice BV Nagarathna said that the limitation period will be considered with respect to the substantive relief of cancellation of the sale deed, which would be three years from the date of the knowledge of the sale deed sought to be canceled.
suit for declaration that two Sale Deeds are void, because, such declaration was not at all necessary for the purpose ... avoidance of sale, contract for sale, etc. In suits for declaration that any sale, or contract for sale or termination.
I am going to enlist grounds of cancellation of sale deed here: Partial cancellation if the sale agreement or sale deed clearly show signs of partiality in the favour of one party. If the deed is voidable or an individual feels the deed can cause any injury to him/her. If the deed is wrongly registered.