Respected Sir,
unregistered sale agreement was mede in 20th september,2014 in Andhra Pradesh
Terms:
part payment was made on the date of agreement ,
within 3 months remaining balance will be paid but vendor is not ready to perform his duty of sale deed
can we file specific performance suit ?
unregistered sale agreement is valid for filing of specific performance suit in Andhra Pradesh ?
The Proviso to Section 49 of the Registration Act, 1908 provides as under:
“Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under CHAPTER II of the Specific Relief Act, 1877 (1 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument.”
Therefore, it should generally be possible to use an unregistered sale agreement relating to immovable property in a suit for specific performance.
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