Registration Act 1908

10th Feb, 2020

Compromise decree requires registration if it deals with property that is not the subject-matter of the suit under Section 17(2)(vi) of Registration Act, 1908.

The Apex Court in the matter of Mohd Yusuf & Ors. vs. Rajkumar & Ors. (Civil Appeal No. 800/2020) decided on 05.02.2020, pronounced the above-mentioned reasoning. Facts: The appeal was filed against the judgment of […]
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18th Jul, 2018

An unregistered agreement to sell can be made basis for a suit for specific performance without having any effect under Section 53A of the Transfer of Property Act, 1882

The Supreme Court held that an unregistered agreement to sell can be received as evidence of a contract in a suit for specific performance however, the protection under Section 53A of Transfer of Property Act 1882 would not be available in case of unregistered agreement […]
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2nd Apr, 2018

Benefit of Section 53A of Transfer of Property Act 1882 available only on appropriately stamped and registered instruments

Under Section 53-A of the Transfer of Property Act, the benefit of an agreement to sell in the nature of part performance could not be given unless the agreement to sell was stamped for the […]
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31st Oct, 2015

An Unstamped Instrument Is Not Admissible In Evidence Even For Collateral Purpose #indianlaws

In a suit for partition, an unregistered document can be relied upon for collateral purpose i.e. severancy of title, nature of possession of various shares but not for the primary purpose i.e. division of joint […]
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