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Compulsory Registration Of Agreement To Sell

A deed of sale is a legal document that proves that the seller transferred absolute ownership of the property to the buyer. Through this document, the rights and interests of the property are acquired by the new owner. A deed of sale usually consists of the following information. In 1908, a new law, the Registration Act, was passed in 1908 (Law No. XVI of 1908) for the consolidation of document registration acts. The law deals with cases where transactions between individuals are reduced to the letter and provide for the mandatory or optional registration of these written instruments. These are not transactions that are not reduced to writing. Hon`ble Punjab-Haryana High Court dismissed the appeal and expressed a respectful rejection of Gurbachan Singh V. Raghubir Singh, where there is a dispute over the status of the Court of Appeal on the basis of an unregistered sales agreement with respect to Section 17 (1A) and Section 49 of the Registration Act. Conflicts between two single bench judgments appeared in court. In the case of Gurbachan Singh V.

Raghubir Singh,[6] the Hon`ble court ruled that the agreement reached by the delivery of the property is inadmissible for sale if it is not registered, but in the case of Birham Pal-Ors. V. Niranjan Singh – Golds. [7] the Court held that such an agreement may form the basis for an appeal for a defined benefit, on the basis of Section 49 of the Registration Act. These two cases are contradictory and are contrary to the legal status of two sections of the Indian Registration Act. Section 18. Documents for which registration is optional: – Any document that does not need to be registered in accordance with Section 17 may also be registered under this Act. Before 1864, there were several decrees on the registration of documents in British India. Each province of Bangal, Bombay and Madras was subject to rules providing for the registration of documents.

In Punjab, Circular 201 of 1849 provided for the recording of the facts. The first comprehensive decree on the registration of documents was adopted by the Act XVI of 1864, which consolidated and amended all previous laws on the registration of insurance. It introduced for the first time a mandatory registration system in British India for certain clauses of documents and also abolished provisions that limited priority rights to registered documents over non-registered documents of the same nature. However, under this Act as well, the right of priority has been granted to the optional registration requirement and not to mandatory documents. Therefore, if two A and B documents were registered at your choice and one of them was registered A, A would have priority over B. However, if A was mandatoryly registered and B was registered of choice, the fact that A was registered is not entitled to priority over B. A sale agreement is an agreement in which the seller promises to transfer the future ownership of the property to certain conditions. The disadvantage of not registering a sales contract was particularly highlighted by the Court of Justice in its decision in TG Ashok Kumar vs Govindammal (2010).

Section 49 of the Registration Act is new and for the first time imposes legislative sanctions on the just doctrine of partial delivery. This part of the law is widely accepted in its own right that a legal action for a given benefit may be for sale on the basis of an unregord agreement and may be admissible as evidence.