Unregistered Agreement Of Sale Can Be Used As An Evidence For Collateral Purpose

… Was executed by Mr. Chandra Mohan for the benefit of Alamelu, the respondent`s mother. This is an unreged document and the marking of this document was disputed by the petitioner, but the… [2001-1-MLJ-1-2001 1 L.W 257] noting that an unregulated and unstamped document of the family agreement cannot be examined by the court for any purpose… Section 49 of the Registration Act to obtain an unregured document as proof for warranty purposes. But, the document thus put up for auction… Respondent No. 1/applicant filed item 42/14, which was admitted on the basis that the applicant acquired the property from respondent No. 2 in an unregistered sale… The applicant is seeking a contract on the basis of an unregured deed of sale allegedly executed in her favour by defendant No. 2, she cannot receive discharge. The unregistered sales leg cannot transmit a title…

(c) be received as evidence of any transaction affecting this property or conferring this power, unless it has been registered. To the extent that an unregord document affecting real estate and required by this Act or the Transfer of Ownership Act may be received in 1882 as evidence of a contract in an action for special execution under Chapter II of the Specific Discharge Act of 1877 or as evidence of a non-protection operation that is not to be carried out with a registered instrument. (Highlighting is mine) The provision of section 49 of the Registration Act, relevant to this purpose, provided for a departure from the rule in the main provision with respect to the effect of an unregistered document, which requires the registration and receipt of such a document as evidence of a transaction. The reservation permits such a document to be obtained in the form of evidence in two circumstances, namely (1) as evidence of a contract in an action for a particular performance in Chapter II of the specific discharge act of 1877 and (2) as evidence of a guarantee that should not be carried out by a recorded document. … The complainant/tenant did not dispute his objection, while the original unregant document was submitted by the respondent for marking.