In overturning the High Court`s decision, the bank found that the High Court had ignored the above points, while it felt that the unregulated document could not be considered for guarantees. Although the signing of the sale agreement does not mean that the sale has been completed, it is a decisive step in that direction. For this reason, buyers must be fully aware of the terms and conditions set out in the agreement. Signing a purchase agreement becomes important given several factors. First, it is legal proof that the buyer and seller enter into an agreement on the basis of which the future approach will be decided in the event of a dispute. Also, if you apply for a home loan, the bank would not accept your application until you sign a sales contract. …. Bijender Mann aka Vijender Mann decided on 11.9.2013, stating: -“ a) a lawsuit for a given performance, on the basis of an unregant contract/contract at … The second appeal of the defendant, which challenges the judgments and judgments of the following courts, under which the appeal of the applicant and defendant No. 1 for concrete execution of the sale agreement in question… a contract to the extent that, even if it is not registered, it can form the basis of legal action for a given benefit and be invoked as proof of the contractual or partial performance of a contract… Under the provision of Section 53A, the purchaser is entitled to object to any attempt by the cedant to disturb the purchaser`s legitimate property under the sale agreement, and his position as plaintiff or defendant should not make any difference.
The purchaser can only use the shield as a defendant and not as a complainant, he would overcome the spirit of section 53A himself, for it will be possible for an overpowered expropriating the purchaser, even against the parties to the contract, and forcing him to be tried as a plaintiff. The above definition shows that a purchase agreement contains a promise to transfer the property in question in the future under certain conditions. This agreement itself therefore does not create any rights or interests on the property for the proposed buyer. … authorisation of the rule of law. . As a result of the impugned order, the Tribunal dismissed the appeal on the principle that the appeal was based on the… Property Act. Subject to Article 49 of the Registration Act, the non-registration of such a contract would not prohibit the introduction of legal action for a particular benefit on the basis of such an agreement…). Applicant/respondent party filed a complaint for the specific execution of the agreement for sale of 20.10.2012 executed by the defendant in favour of the applicant with respect to a semi house… Another principle may be added to the above principles, namely that a document to be registered, if not registered, may be admitted as proof of a contract in a legal action for a given benefit.
A document to be registered, if not registered, is not admissible as evidence under Section 49 of the Registration Act. However, this unregistered document may be used as evidence of a secondary purpose, as provided for in section 49 of the Registration Act. A secondary transaction must be independent or divisible from the transaction that the law requires for registration. A warranty transaction must be a transaction that should not be carried out by a registered document, i.e. a transaction that is produced, etc.