....”18. It is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred.19. Any contract of sale (agreement to sell) which is not a...property (except to the limited right granted under Section 53-A of the TP Act). According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section...contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property. This Court in Narandas Karsondas v. S.A Kamtam...

...sale agreement in favour of the sixth respondent was executed and registered on 21.04.2016 itself. That does not make any difference. Even as on date, the sixth respondent is only a sale agreement 7/11 holder and nothing more. The learned Senior counsel appearing for the petitioner drew my attention to the recent decision of the Hon'ble Supreme Court rendered in Civil Appeal No.10327 of 2011 dated 02.11.2023 in which it has been reiterated that an agreement of sale is not conveyance and...submitted that the sixth respondent is having only the registered sale agreement and nothing more. Section 54 of the Transfer of Property Act, 1882 categorically states that a contract for the sale of...immovable property is a contract that a sale of such property shall take place on terms settled between the parties and that it does not, of itself create any interest in or charge on such property...

...condition imposed in the grant certificate that, the defendants should not alienate the suit schedule property, but, the defendants have executed an agreement of sale. This issue was considered by the judgment of Hon'ble Apex Court in Case of Munishamppa V/s. M.Ramareddy and others in Civil Appeal No.10327/2011 disposed of on 02.11.2023 wherein the Hon'ble Apex Court held that, "The Agreement to Sell is not a conveyance; it...." 10. Though admitted as on the date of execution of a sale agreement there was a condition in the grant certificate Ex.D1 that, the grantee shall not alienate the suit schedule properties. Mere execution of an agreement of sale is not conveyance as...execution of an agreement of sale in favour of the plaintiff and receiving of the alleged part consideration amount. It is contended that the suit of the plaintiff is not sustainable in the eye of the...

..., wherein it was held as follows.“18. It is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred.19. Any contract of sale (agreement to sell) which is not a...an immovable property (except to the limited right granted under section 53A of TP Act). According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section...the ground that since the attachment order was passed in the year 2001 and the agreement of sale was executed prior thereto, therefore, the attachment order is not valid. The High Court did not go into...

...conveyances. The definition of "conveyance" is contained in Section 2(10) of the Stamp Act which reads as under: "(10) 'Conveyance.'—'Conveyance' includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I;" At the time of execution of an agreement to.... It is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title, or interest in an immovable property can be transferred. 19. Any contract of sale (agreement to sell) which is not a...right granted under Section 53-A of the T.P. Act). According to the T.P. Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of the T.P. Act...

...Judge however held in paragraph-6 that the Memorandum of Understanding dated 6.8.2011 is only offer and undertaking of defendant No. 1 which is is accepted by the plaintiff and it is not an agreement of sale or conveyance under...Article 25. As the Memorandum of Understanding is not a conveyance, it is not necessary to impound the same as prayed for by the defendants. Mr. Dalvi submitted that the...of residential flat i.e Flat No. 4, Sai Parushah C.H.S Ltd., Vasanshah Bazaar, Ulhasnagar - 421 005, Dist. Thane and also execute a registered agreement for sale in favour of the plaintiff...

....3. The defendants remained absent. Therefore, they were placed exparte. The plaintiff adduced evidence, the plaintiff wanted to mark this agreement of sale. At that stage, the Court objected to the marking on the ground that the document ought to have been stamped as conveyance, which has not been done. Therefore, it held that the agreement of sale is insufficiently...the mortgagee as that of possession in Part performance of the agreement of sale, it cannot be held that the plaintiff continued in Part performance of agreement of sale. It is only if under the agreement of sale, the possession is delivered in Part performance of agreement of sale, such agreement of sale is to be stamped as conveyance.5. In that view of the matter, the trial Court was not justified...ORDERThis writ petition is filed challenging the order passed by the trial Court, which has directed the impounding of the agreement of sale dated 30.05.2000 with a...

...improper. An agreement for sale of an immovable property by itself does not create any right, title or interest in the property. This position is well clarified in section 54 of the Transfer of Property Act. The title in an immovable property is not conveyed by mere execution of agreement for sale and such agreement is not conveyance within...subsequently a conveyance is executed in pursuance of such agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance. It is an agreed position that this Explanation came into force with effect from 9-12-1985 and that it has no retrospective effect and, as such, it is not applicable...became effective from 09-12-1985 and its effect is that an ordinary agreement for sale of immovable property will attract the duty as is leviable on conveyance. Section 2(d) and...

...which paras are paras 12, 13, 14 and 16, and which read as under:—“12. Any contract of sale (agreement to sell) which is not a registered deed of conveyance (deed of sale) would fall...agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of Transfer of Property...Act enacts that sale of immoveable property can be made only by a registered instrument and an agreement of sale does not create any interest or charge on its subject matter.Scope of Power...

...Pleader, accepts notice for the sole respondent. He submits that the agreement of sale dated 10.04.2017 is not an impediment for the registration of the settlement deed. 4. The legal position is clear. The execution of prior agreement of sale does not constitute an impediment for the registration of the conveyance pertaining...document was returned to the petitioner. 2. Learned counsel for the petitioner submits that the execution of a prior agreement of sale is not an impediment for the...sq.ft. of land in Survey No.126/1B1, from his mother. While the said land was the subject of agreement of sale dated 10.04.2017, it is stated that the 1/4...

...." 18. It is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred. 19. Any contract of sale (agreement of sell) which is not a...the limited right granted under Section 53-A of the TP Act). According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of the TP Act..., Hon'ble Supreme Court explaining the scope of an Agreement to Sale have held as follows; "16. Section 54 of the TP Act makes it clear that a contract of sale, that is, an...

...section 5 of Transfer of Property Act is used in the wider sense of conveying ownership. 37. ...that only on execution of conveyance ownership passes from one party to another...." 19.Any contract of sale (agreement to sell) which is not a...Act). According to TP Act, an 5 agreement of sale, whether with possession or without possession, is not a conveyance. Section...consider his representation. 2. Admittedly, the petitioner herein is not an owner of the subject property but is only a sale agreement holder. An agreement to sell...

...conveyance is also evident from clause 9 of the agreement which provides that:“The Vendors hereby agree to execute a Deed of Conveyance and all other assurances in favour of the Purchasers or in favour of such person or persons as the Purchasers may direct.”The respondents, in their affidavit, have stated that the agreement of sale is a misnomer and in fact and reality the docuemnt in question is a document of sale. I do not find...words of conveyance therein but it clearly states that a sale deed will be executed in future, such document must be regarded as an agreement and not a conveyance. To the same effect is a decision of the...:Provided further that, where subsequently a conveyance is executed in pursuance of such agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance.”It is an agreed position that this Explanation came into force with effect from 9-12-1985 and that it has no retrospective effect and, as such, it is not applicable...

...cannot be pressed in service against a third party." It is thus clear that a transfer of immoveable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immoveable property can be transferred. 12. Any contract of sale (agreement to sell) which is not a...granted under section 53A of Transfer of Property Act). According to Transfer of Property Act, an agreement of sale, whether with possession or without possession, is not a conveyance. section 54 of...: "11. Section 54 of Transfer of Property Act makes it clear that a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such...

...looking to the face value of the document of alleged agreement of sale, it would become luminously clear that although, the document has been labelled as agreement of sale but it is outright a sale deed and if that would be the position, since the stamp duty on the conveyance has not been...) = 2009 (I) MPJR 113, it has been put forth by the learned Counsel that looking to the ingredients of the alleged document of agreement of sale, since it is a conveyance, therefore, it is not even...order and has submitted that the face value of the document itself shows that it is not a conveyance but a document of agreement of the sale only. In this context, learned Counsel has invited my...

...." 18. It is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred. 19. Any contract of sale (agreement to sell) which is not a...limited right granted under Section 53-A of the TP Act). According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of the TP...is not in dispute that the lands sought to be covered were having value of more than Rs 100. Therefore, unless there was a registered document of sale in favour of the proposed transferee agreement...

...." 15 18. It is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred. 19. Any contract of sale (agreement to sell) which is not a...nor transfer any interest in an immovable property (except to the limited right granted under Section 53-A of the TP Act). According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section...transfer of immovable property by way of sale can only be by a deed of conveyance. An agreement to sell is not a conveyance. It is not a document of title or a deed of transfer of deed of transfer of...

...any point of time prior to registration and execution of sale deed. It is therefore not a conveyance as contemplated by Article 25. Article 25(i) speaks of contingency in which the possession is agreed to be delivered, either before the execution of agreement for...basis of agreement of sale, the Court has passed an order below Exh.22 on 05-04-2006 and had impounded the agreement treating it as conveyance under Article 25 of the Bombay Stamp Act...agreement. He further states that delivery of possession as contemplated is only at the time of registration and execution of the sale deed. According to him, Article 25 have been wrongly applied...

...immoveable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immoveable property can be transferred.12. Any contract of sale (agreement to sell) which is not a..., an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of TP Act enacts that sale of immoveable property can be made only by a registered instrument and an...to get the sale deed executed and registered in his favour from defendant? OPP.2. Whether the suit of the plaintiff is not maintainable? OPD3. Whether the suit is bad...

...sale (agreement of sell) which is not a registered deed of conveyance (deed of sale) would fall short of the requirements of Sections 54 and 55 of the TP Act and will not confer any title nor transfer...any interest in an immovable property (except to the limited right granted under Section 53-A of the TP Act). According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section.... 0.25 cents in Sy.No.146 of Alluru Village, through Agreement of sale and there is Tobacco Barron constructed by the father of the 3rdpetitioner and the same was sold by the petitioners to the...