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TPA S. 53A – Execution of the registered agreement to sell coupled with delivery of possession does not result in transfer of the immovable property worth more than Rs.100/- if not registered

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Specific performance - Plaintiff has to prove that all along and till the final decision of the suit, he was ready and willing to perform his part of the contract - Circumstances including availability of funds and mere statement or averment in plaint of readiness and willingness, would not suffice.  

CrPC S. 319 - Powers under [SC]

Home CIVIL Registration Act, 1908

TPA S. 53A – Execution of the registered agreement to sell coupled with delivery of possession does not result in transfer of the immovable property worth more than Rs.100/- if not registered

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Transfer of Property Act, 1882 (4 of 1882) Section 53A –  Registration of the agreement to sell coupled with delivery of possession has been made mandatory if the document is to be used for the purpose of Section 53A of the Transfer of Property Act, 1882 – No doubt, a mere agreement to sell does not, of itself, create any interest in or charge on the property agreed to be sold as per Section 54 of the Transfer of Property Act, 1882 – The position remains the same even if the agreement to sell is not registered – On execution of the agreement to sell with delivery of possession, the transfer  of the title does not take place – By now, it is well settled that the execution of the registered agreement to sell coupled with delivery of possession does not result in transfer of the immovable property worth more than Rs.100/- – Registration  Act, 1908 (16 of 1908), Section 17(1A).  

PLRoline 479473

Tags: Agreement to sell, Interest, Registration Act S. 17(1A), Title, TPA S. 5, TPA S. 53A
Tags: Agreement to sellInterestRegistration Act S. 17(1A)TitleTPA S. 5TPA S. 53A

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