...to whether the suit for specific performance can be decreed on the basis of unregistered agreement to sell in view of Section 17(1A) of the Registration Act, ...to decide the said issue of law.”Any answer to the questions posed, would necessarily require an appraisal of Section 17(1A) and 49 of the Registration Act, ...contract/agreement that satisfies the ingredients of Section 53A of 1882 Act was not compulsory registrable whether under the Transfer of Property Act or the Indian Registration ...

...specific performance. In order to properly appreciate the said question, the relevant provisions of Section 17(1A) of the Registration Act, ...collateral transaction not required to be effected by registered instrument.] From the bare reading of Section 17(1A) of Registration Act, 1908, it is ...Registration Act, 1908, which reads as under :- "49. Effect of non-registration of documents required to be registered. - No document required by ...

.... The Petitioner contends that he was in physical possession of the subject property in pursuance to an unregistered second ATS dated 26th September, 2017. In view of Section 53-A of Transfer of...of possession. 9. Further, the subject property is situated in the State of Uttar Pradesh. Sections 17(2)(v) and 49 of the Registration Act, 1908 have been ...is stated that it is thereafter, the Petitioner approached the DRT in S.A. No. 207/2019 seeking quashing of the e-auction and sale notices and prevention action under Section 17 of Securitization and...

...agreement of sale deeds were executed prior to 24.09.2001 when Section 17(1A) of the Registration Act, 1908 was inserted and compulsory registration has came in to force..., it is not in dispute that the agreement of sale deeds were not duly stamped. What is required under Section 17(1A) of the Registration Act, 1908 is compulsory ...performance of contract on two deeds dated 24.01.2000 and one dated 25.06.2000. It is also admitted fact that all three agreements were not duly stamped under Section 17(1A) of the Registration ...

...authority. Consequently, the court has also referred to Section 17(1A) of the Registration Act, 1908 as regards the want of registration ...the duty and penalty payable. : 4 : 2. This procedure, on the face of it, is impermissible. Section 33 of the Karnataka Stamp Act, 1957, provides as to...The present petitioner was the plaintiff before the court below in a suit for specific performance of contract. It transpires that the respondents had filed a petition as regards the...

...Registration Act 1908 shall effect any immovable property comprised therein unless registered under Registration Act. Fur...1908. Even as per Section 49 of the Registration Act 1908 no document required registration under...1. Present consumer complaint is filed under Section 17 of Consumer Protection Act 1986 pleaded...

...had considered, in the said judgment, that the principal document, which was the agreement of sale, was executed prior to coming into force of Section 17(1A) of the ...Court was pleased to permit the said document to go into evidence, keeping the objection as to non-registration open for being heard at the time of trial.4. However, none of the...Sabyasachi Bhattacharyya, J.:— The present challenge is directed against an order, whereby the trial court directed a purported agreement, which was the subject-matter of the petitioner's...

...and the possession of the appellant is thus as an agreement purchaser.10. It is not as if the learned ADJ has not dealt with the said aspect. Relying on Section 17(1A) of t...records that the appellant has been in possession of the premises as a tenant since the year 2000. He has thus contended that Section 17(1A) of the Registration ...appellant for the reason of the Agreement to Sell under Section 17(1A) being required to be compulsorily registered and the agreement claimed by the appellant being not registered. This Court in...

..., cannot, therefore, be said to be barred by Section 17 (1A) of the Registration Act, 1908.13. Section 17 (1A) merely declares that such an unre...possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to...plaintiff has no cause of action to file and maintain the present suit? OPD7. Whether the plaintiff is estopped from filing the present suit by his own act and conduct? OPD8...

...provisions of section 2(47)(v) of the Act. He submitted that an amendment has been made in the Registration Act, wherein newly inserted ...provisions of section 17(1A) of Registration Act, 1908, have to be necessarily read into ...section 53A and one of the main requirements is for registration of the document as per the provisions of section 17(1A) of the Registration ...

...contended by learned counsel appearing for the appellants that as per Section 17(1A) of the Registration Act, 1908, the agreement for sale executed w.e.f 24.9.2...Section 17(1A) of the Registration Act, 1908.14. It is lastly submitted by the counsel appearing for the appellants that both the Courts below t...compulsorily registriable. On a careful perusal of Section 17(1A) of the Registration Act, it is found that a registration of agreement for sa...

...because possession was delivered under the agreements and, therefore, the agreements required compulsory registration. Reference was made to Section 17(1A) of the Registration ...contention is completely misconceived. Section 17(1A) of the Registration Act was inserted by amendment w.e.f 24.09.2001 Consequently the said provision is...L.N MITTAL, J. (ORAL)CM No. 9283-C of 2012Deficient court fee stands paid.The application, therefore, stands disposed of.CM No...

...unregistered document is hit by Section 53-A of the Transfer of Properties Act, 1882 and Section 17(1A) of the Registration Act, 1908. Being aggrieved,...the Transfer of Property Act, 1882 and Section 17(1A) of the Registration Act, 1908 have no application in the facts of the present suit. ...the learned Civil Judge had argued that the present suit attracts Section 53-A of the Transfer of Property Act, 1882 and Section 17(1A) of the Registration Act,...

...R.K. Lalwani and, hence, there was no transfer of the agricultural land in favour of Shri R.K. Lalwni as per provisions of Section 2(47)(v) of the Act. 3.4.3 The second factor to be noted is that .... " Thus, as per the plain and unambiguous provision of Section 17(1A) of the Registration Act, 1908, if after 24.01.2001 an agreement for transfer ...consideration is not registered under the Registration Act, it shall have no effect for the purpose of Section 53A of the Tra...

...same offends Section 17(1A) of the Registration Act, 1908. The counsel also submitted that the appellant is the direct sister of the 1st respondent's m...collusive affair which is intended to defeat the creditor, 2 respondent.3. We have given our anxious consideration to the rival submissions addressed at the Bar. Section 17(1A) was...section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after t...

...Section 53-A of the Transfer of Property Act, 1882 attract 90% of the duty as on a conveyance. Similarly under ...Office Buyers Agreement dated 04.03.2010 and when it was impounded under Section 33 of the Indian Stamps Act, 1899 and forwarded to the Collector of Stamps for charging of...unit to one Steel Strips Wheels Ltd. The appellant at the time of registration of the said Lease Deed and to satisfy the Sub-Registrar of its title/capacity to so execute the Lease Deed produced the...

...Act to be attracted, not only has there to be an agreement in writing but the said agreement has also to be registered. Section 17(1A) of the Registration Act, ...Section 96 of the Civil Procedure Code (CPC), 1908 and the Trial Court file is also not before this Court but in the peculiar facts ...Agreement to Sell under Section 53A of the Transfer of Property Act. However for Section 53A of the Transfer ...

...purposes of Section 53A of 1882 Act. Section 17(1A) as incorporated and Section 49 of the 1908 Act as amended read thus:-...Registration Act, 1908.8. The Registration and Other Related Laws (Amendment) Act, 200...Section 53A of the Transfer of Property Act shall, after enactment of Section 17(1A), be compu...

...the appellant.Counsel for the appellant has tried to challenge the judgments and decrees of the Courts below on the ground that in view of provisions of Section 17(...registration of the contract/agreement;(b) the proviso to Section 49 of the Registration Act, leg...Court fee is condoned.CM No. 14065-C of 2011:The application is allowed subject to all just exceptions.RSA No. 4840 of 2011 (O&M):This is...

...dismissed. While doing so the learned Single Judge considered the provisions of Section 17(1A) of the Registration Act, 1908 as also Section 49...suit itself cannot be maintained. However, the learned Single Judge rejected this plea by holding that Section 17(1A) of the Registration Act, 1908 would not a...Act and, that being so, Section 17(1A) of the Registration Act, 1908 was not attracted and, therefore, the agreement in question did not require ...