Property Law and Effect of Unregistered Documents in Property Transactions
The leading decision of S. Kaladevi v. V. R. Somasundaram & Ors [2010] GCtR 6272 (SC) has answered how and what is the impact of unregistered documents with respect to property transactions. After looking at S.49 of Registration Act, 1908, it is clear that unregistered sale deed in itself cannot constitute a contract to transfer the property.
In this case, A paid entire amount to B but sale deed was not registered even when A requested B ; it was found that property was already subject to attachment. This case exposes some of the difficulties that can arise even when buyer has made all the payment and yet fails to get the sale deed registered.
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