अपंजीकृत बिक्री दस्तावेज़: क्या अदालत कब्ज़े के लिए आदेश देगी? Critical discussion.
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- เผยแพร่เมื่อ 7 พ.ย. 2024
- #Posssession #unregistered_sale_document #supremecourtofindia #Agreeent_to_Sale #powerofattorney
2023 INSC 1016 :CIVIL APPEAL NO.1598 OF 2023
SHAKEEL AHMED Vs. SYED AKHLAQ HUSSAIN
Main contention was suit being maintained on the basis of an unregistered document.
Appellant Shakeel Ahmad had following arguments:
Suit not maintainable on unregistered Agreement to Sell, Power of Attorney, Affidavit and a Will. The testator is alive so the will has no value.
The other documents like Agreement to Sell and General Power of Attorney would not confer any ownership right.
The unregistered agreement to sell is not enforceable in law. It is admissible only for collateral purposes.
The appellant had successfully proved the Hiba (oral gift) by his brother Laiq Ahmed in his favour by adducing reliable and cogent evidence.
Suit was not filed as Attorney for Laiq Ahmed. It was in the individual capacity claiming his own right, title and interest under the unregistered documents referred to above.
Submission of Syed Hussain/ respondent:
All the documents relied upon for the suit were the customary documents and they conferred full title on the respondent to be the owner of the property in question.
There was a prohibition of registration of documents of transfer/conveyance with respect to the area where the property is situate. Therefore, the transfers affected under the customary documents was sufficient to confer title on the respondent.
Findings of SC:
No title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on the basis of an unregistered General Power of Attorney.
The Registration Act, 1908 clearly provides that a document which requires compulsory registration under the Act, would not confer any right.
These documents do not confirm any legally enforceable right to approach a Court of Law on its basis.
I respectfully disagree with the 4 th finding:
Even if these documents i.e. the Agreement to Sell and the Power of Attorney were registered, still it could not be said that the respondent would have acquired title over the property in question.
At best, on the basis of the registered agreement to sell, he could have claimed relief of specific performance in appropriate proceedings.
Let us see in context of Delhi: DDA allots plot or flat on the basis of perpetual lease, so sale deed can not executed.
In this regard, reference may be made to sections 17 and 49 of the Registration Act and section 54 of the Transfer of Property Act, 1882.
Law is well settled that no right, title or interest in immovable property can be conferred without a registered document.
Court said: The embargo put on registration of documents would not override the statutory provision. It can not confer title on the basis of unregistered documents with respect to immovable property.
SC dismissed the suit possession and mesne profits. Suit is not maintainable as the possession of the property is admitted, whether as an owner or a licensee.
Way out suggested by SC: In case the plaintiff wanted to evict the defendant treating him to be a licensee, he could have maintained a suit on behalf of the true owner. Or the landlord under specific instructions of Power of Attorney as landlord claiming to have been receiving rent from the appellant. Or as Attorney of the true owner to institute the suit on his behalf for eviction and possession.
It is difficult to follow the suggestion given by Justice Vikram Nath on ground.
SC allowed the appeal and dismissed the suit
Ghanshyam Vs. Yogendra Rathi [CIVIL APPEAL NOS.7527-7528 OF 2012] is a better judgment on possessory right.
Sir ji, you are giving great great law knowledge to all
Very interesting information sir
Dhanyawad 🙏
महोदय नमस्कार एक लेटेस्ट विडियो एक अनरेजिस्टर्ड और ड्यूली stamped सेल एग्रीमेंट के बेस पर मनी रिकवरी केस पर भी बना देते तो बहुत अच्छा होता और हमें आपका मार्गदर्शन मिलता रहता
Ok
In judgement of Ghanshyam vs yogendra rathi, it is never mentioned that agreement to sell was unregistered. How can you say that agreement to sell was unregistered.
Also after amendment of Transfer of property act 1882 and Registration Act 1908 on 24-sep-2001; the registered document of agreement to sell is valid document for possession under 53A of transfer of property act.
If agreement to sell was unregistered in Ghanshyam vs yogendra rathi then why any advocate including judge didn't not make objection.
I have read judgement but i did not find any "unregistered" word.
Sir 40 year v have exchange unregisterd agreement between uncle and nephew according to which name and mutation changed now uncle children has claimed to return their old property it is admissible what to do
मेरा केस भी ऐसी है
sir a legal issue requires your expertise :- an amount was borrowed on 03.4.2018 .the cheque was issued in discharge of said liability on 21.4.2021. (after three years) , Criminal comp. U/S 138 filed on basis of said cheque whether complaint is beyond limitation period OR is there any benefit of extension of limitation period due to corona .
About unregistred sell agreement onwer ship documents
से मेरा भी केस एक ऐसीहै
Good afternoon sir, i have a query if you kindly reply. Does married woman has any rights over father's agricultural lands in west bengal??
how can we contact you please give your number sir
u have a query for unregistered document