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#Oralagreementofsale #Oralagreementreducedtowriting # Unregisteredwrittenagreementofsale #RegisteredagreementsaleofPlot
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.R. SHAH; J., KRISHNA MURARI; J.
CIVIL APPEAL NO. 2535/2023 (@SLP (C) No. 14884/2022) April 10, 2023
R. HEMALATHA versus KASHTHURI
Registration Act, 1908; Proviso to Section 49 - An unregistered document affecting
immovable property and required by Registration Act or the Transfer of Property
Act to be registered, may be received as evidence of a contract in a suit for specific
performance or as evidence of any collateral transaction not required to be effected
by registered instrument. (Para 12, 13)
Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g)
of the Registration Act has been inserted which makes agreement to sell immovable
property valued above Rs 100 compulsorily registrable - Held, the amendment will
not affect proviso to Section 49, which allows unregistered sale agreements to be
received in evidence. (Para 12, 13)

Опубликовано:

11 ноя 2023

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Комментарии : 6

@shivaparavathi2314 7 месяцев назад

Thank you sir

@0006vishal 7 месяцев назад

In a oral comtact its easier to get a decree but the defense the sellar takes is the value of the property which is not reduced in writing, the sale consideration becomes a hindrance for the court to perform the oral contract based on plaintiff claim

@ManjunathMeet 7 месяцев назад

Sir, In an unregistered agreement if the buyer hasn't paid any amount but by the cunningness but he got the document signed by promising he will give the amount afterwards. But still the amount is not given.How to proceed in the court if it is challenged in the court by seller.

@0006vishal 7 месяцев назад

Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised Hence if its signed in presence of mind, and without undue influence, he can only sue the purchaser for the sale consideration only

@ManjunathMeet 7 месяцев назад

@@0006vishal Sir, he promised to pay and never paid. Now can we argue that he never paid the amount and he is cheating on us.

@0006vishal 7 месяцев назад

@@ManjunathMeet yes absolutely, but it depends whats written on that contract, that he will pay or he had paid, if cash is involved it will be difficult, if its a online transaction than you have the case.