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Results of unregistered agreement to sell

Showing : 31-40 of 53 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Agreement to sell does not require compulsory registration for seeking relief of specific performance - Suit for specific performance based on unregistered agreement to sell accompanied by delivery of possession or executed in favour of a person who is already in possession is not barred by S.17(1-A) of the Registration Act...........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Registration Act, 1908, Section 17(1)(A) -- Agreement to sell - Possession delivered - Agreement unregistered - Held, plaintiff cannot claim possession or right in immovable property on the basis of unregistered agreement of sale, as it is not admissible in evidence and cannot be looked into for purposes of deciding the case - Plea of plaintiff that unregistered document..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Agreement to sell -- Unregistered - Requirement of law for registration of agreement is only when transferee seeks protection of S.53-A of Transfer of Property Act, by virtue of his continued possession in part performance of the agreement for sale - Suit for specific performance on the basis of unregistered agreement to sell is maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Specific performance - In part performance of agreement possession delivered - Agreement not registered - Held, such an unregistered agreement cannot be used to take benefit of S.53-A TPA - However, suit for specific performance on the basis of such unregistered agreement to sell is maintainable. (Transfer of Property Act, 1882, S.53-A, Registration..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating, transferring or creating any third party interest in the suit land during pendency of suit - Unregistered agreement to sell is admissible in evidence in a suit for specific performance - Plaintiff willing to perform his part of..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Transfer of Property Act, 1882, Section 53-A, Registration Act, 1908, Section 49 -- Agreement to sell - For purposes of claiming right u/s 53-A of T.P., Act, agreement to sell is required to be registered - Unregistered agreement to sell not admissible in evidence in view of S.49 of the Act of 1908...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Agreement to sell - Unregistered - Restraining defendants from dispossessing plaintiff - Property in dispute is joint property - Not possible to give possession to plaintiff over any specific portion of property - Neither in alleged deed nor in plaint, any specific portion of property shown over which..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Unregistered - Suit for specific performance - Held, suit for specific performance is maintainable on the basis of unregistered agreement to sell in the light of proviso to S.49 of Registration Act...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Suit for specific performance - Suit can be filed on the basis of unregistered documents and also upon an oral agreement - Lack of notorisation or registration does not disentitle plaintiff to the relief...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Admissibility - Held, if any person takes possession in pursuance to a contract which is required to be registered but has not been registered, the transferee has no right to remain in possession of..........

Showing : 31-40 of 53 Results