Registration Act | Unregistered Agreement To Sell Is Admissible As Evidence In Suit For Specific Performance : Supreme Court
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he Proviso to Section 49 of Registration Act provides that an unregistered document affecting the immovable property, which otherwise requires registration under Registration Act, may be received as evidence of a contract in a suit for specific performance, or as evidence of any collateral transacti
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- he Proviso to Section 49 of Registration Act provides that an unregistered document affecting the immovable property, which otherwise requires registration under Registration Act, 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 affected by registered docum...
- The issue before the Bench was whether an unregistered Agreement to Sell for sale of immovable property, which otherwise requires compulsory registration, can be received in evidence in a suit for specific performance?
- The Bench upheld the High Court’s view that the unregistered Agreement to Sell in question shall be admissible in evidence in a suit for specific performance as the Proviso is exception to the first part of Section 49
- the Proviso to Section 49 of Registration Act provides that an unregistered document affecting the immovable property, which otherwise requires registration under Registration Act, 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 affected by registered docu...
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