Property, Real Estate and Law : Effect of Unregistered Agreements to Sell Immovable Properties
The finding in Balram Singh v. Kelo Devi [2022] GCtR 1445 (SC) makes legal position very clear. By virtue of A.141 of Constitution of India, findings of Supreme Court are binding on all. In that case, the agreement to sell was unregistered. Court noted the stamp value and also noted that document was unregistered and said that buyer cannot get the relief claimed in the suit.
This makes it clear from page 6 that an unregistered agreement to sell cannot be used to claim decree for specific performance.
One can clearly see that S. 49 of Registration Act, 1908 uses the words "shall". S.17 (1) of Registration Act, 1908 also employs the term "Shall".
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