An unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered, may be received as evidence of a contract in a suit for specific performance - part performance cannot claimed based on unregistered agreement to sell

Citation

AIROnline 2023 SC 257

AIR 2023 SC 1895

2023(2) CTC 839

Case Title: R. Hemalatha v Kashthuri Citation: 2023 LiveLaw (SC) 304

 Registration Act, 1908 - Registration Act, 1908 - Proviso to Section 49-an unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered, 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 effected by registered instrument - Para 12, 13Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g) of the Registration Act has been inserted which makes agreement to sell immovable property valued above Rs 100 compulsorily registrable - Held, the amendment will not affect proviso to Section 49, which allows unregistered sale agreements to be received in evidence- Para 12, 13