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Checking relevance for Shakeel Ahmed VS Syed Akhlaq Hussain...
2023 8 Supreme 191 : An unregistered agreement for the sale of immovable property cannot confer any right, title, or interest in such property and is not legally enforceable for the purpose of claiming possession or mesne profits. A document requiring compulsory registration under the Registration Act, 1908, such as an agreement to sell for immovable property, does not create a legally enforceable right to approach a court of law unless it is registered. At best, a party may seek relief of specific performance in appropriate proceedings, but cannot maintain a suit for possession based on an unregistered agreement to sell.Checking relevance for Shaju, S/o.Nareparamban Vareed vs Victory Granite Bricks Pvt. Ltd....
2025 Supreme(Online)(Ker) 46243 : An unregistered agreement for the sale of property can be considered legally valid and enforceable for the purpose of specific performance under the Registration Act, as amended, particularly under Section 49, which preserves legal exceptions allowing evidence of contracts for specific performance despite non-registration. The court held that failure to register such an agreement does not render it unenforceable, especially when the plaintiff has fulfilled their obligations (e.g., payment of advance) and the defendant fails to execute the sale deed. The legislative intent to protect legitimate claims and prevent undue hardship supports the enforceability of unregistered sale agreements in cases seeking specific performance under Chapter II of the Specific Relief Act, 1877.Checking relevance for Balmik VS Ramnaresh Singh...
Checking relevance for Alka Bose VS Parmatma Devi...
2008 0 Supreme(SC) 1883 : An agreement for the sale of property can be legally valid and enforceable even if it is unregistered, provided it is in writing and signed by the vendor and accepted by the purchaser, or even if it is oral. Under Section 10 and 25 of the Contract Act, 1872, an agreement to sell property is valid and enforceable regardless of whether it is registered, as long as it meets the requirements of a valid contract, including offer, acceptance, consideration, and intention to create legal relations. The fact that the agreement is unregistered does not invalidate it, though registration may be required for certain evidentiary or transfer purposes under other laws such as the Registration Act, 1908.Checking relevance for SMS Tea Estates Pvt. Ltd. VS Chandmari Tea Co. Pvt. Ltd. ...
Checking relevance for N. N. GLOBAL MERCANTILE PRIVATE LIMITED VS INDO UNIQUE FLAME LIMITED...
2021 0 Supreme(SC) 13 : An unregistered agreement for the sale of property can be considered legally valid and enforceable for the purpose of dispute resolution through arbitration, even if it is compulsorily registerable under the Registration Act, 1908. This is because an arbitration agreement is a collateral term independent of the main contract and does not require registration. As held in SMS Tea Estates Pvt. Ltd. v. M/s. Chandmari Tea Co. Pvt. Ltd., an arbitration clause in an unregistered but compulsorily registerable document can be acted upon and enforced for dispute resolution, provided the document is not otherwise invalid due to fraud or other grounds. The arbitration agreement survives even if the main contract is challenged or found unenforceable, as it is an independent agreement relating to dispute resolution.Checking relevance for Correspondence, RBANMS Educational Institution VS B. Gunashekar...
2025 0 Supreme(SC) 636 : An unregistered agreement for the sale of property is not legally valid or enforceable in terms of conferring any right, title, or interest in immovable property. Section 54 of the Transfer of Property Act, 1882 explicitly states that sale of immovable property can only be made by a registered instrument, and an agreement to sell does not create any interest or charge on the property. Even if the agreement is registered, it cannot confer title; it only entitles the transferee to seek specific performance of the contract. The protection under Section 53-A of the TP Act is limited and does not extend against third parties. Therefore, an unregistered agreement for sale cannot be used to claim ownership or file a suit against a third party in possession.