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Value Of Unregistered Agreement To Sell

14 Apr 2021 | Categories: Uncategorized | Posted by: pushfocusproductions

The Apex court questioned whether an agreement to sell unreg registered security could be considered under the condition of Section 49 of the Registration Act of 1908. The bank considered the appeal of the Madhya Pradesh High Court order, which had quashed the Tribunal`s order, referring to Avinash Kumar Chauhan v. Vijay Krishna Mishra. … by an unregistered sales agreement that was not registered and, therefore, no stamp duty assessment questions were asked. Section 50C is not applicable. The confidence was…. When the notator entrusts the property by executing an agreement that is not registered with the reporting authority, Section 50C has not applied in such a case. Reliance was also… Jodhpur in the case of Navneet K. Thakar (supra).

In this case, no stamp duty was levied, as the property in question was transferred by an unregant deed of sale. The modification of Section 50C… The section 49 regime provides for a derogation from the above rule, providing that an unregistered document, which relates to the property and which must otherwise be registered either by the registration law or by the TPA, can be obtained as proof of a contract in an appeal for a specified benefit or as evidence of an incidental transaction. The Supreme Court in KB Saha-Sons (P) Ltd/Development Consultant Ltd [(2008) 8 CSC 564] found that a mandatory document, if not registered, can only be considered in a court action for a given benefit as evidence of a contract performed between two parties and that this unregord document cannot be considered as proof of the content of the contract. Therefore, if a document is inadmissible as proof of non-registration, none of its provisions can be admitted as evidence. … Somasundaram-(2010) 5 SCC 401 to argue that if an unregord agreement is filed for sale in the lawsuit for a given benefit, it is… Based on the purchase agreement. The court refused to issue the agreement in question of 21.6.1993, taking into account the fact that it is neither registered nor duly stamped. That`s right. and the unregant sale agreement may be considered for collateral purposes of the nature of the plaintiff`s possession on the land according to the report of the Supreme Court`s judgment in Bondar Singh…

A real estate sale agreement that provides for the sale on terms agreed between the parties (sales contract or ATS) does not in itself create any interest in the property or a charge. Section 54 of the Property Transfer Act, 1882 (TPA), defines the sale as a transfer of ownership at a price and provides that the sale of land worth more than 100 INR (cent) can only be done by a registered instrument.

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