Pages

Sunday, May 26, 2013

specific performance of unregistered agreement to sell in UP

In State of U.P. by U.P. Civil Laws(Reforms and Amendment) Act 1976, U.P. Act No. 57 of 1976, Section 54 of Transfer of Property Act as amended in State of U.P. provides for every contract of sale of immovable property w.e.f. 1.1.77 to be made only by way of registered documents. Section 49 of Registration Act, as applicable to State of U.P. provides that no document required to be registered under Section 17 or by any provision of Transfer of property Act or of any other law in force, to be registered, shall effect any immovable property comprised therein, or be received as evidence of any transaction effecting such property or conferring such power or creating such right or relationship, unless it has been registered. Oral agreement to sell w.e.f. 01.01.77 in the State of U.P. qua sale of immovable property is not permissible and the same is not at all recognised in law. 

Civil Revision No. 22 of 2008 titled as Vasudeo Rao Getha and others Versus  Premendra Nath Singh and another 

No comments:

Post a Comment