2011 (1) ALJ 23

Allahabad High Court

Hon'ble Judge(s): Pankaj Mithal , J

( A ) Transfer Of Property Act (4 of 1882) S. 54 (as amended by U.P. Act 57 of 1976) — Registration Act (16 of 1908), S. 17 — Agreement to sell — Effect of non-registration — Agreement to sell executed prior to year 1977 when registration was not compulsory — However, sale deeds not executed within stipulated time — Subsequently another document executed extending time for execution of sale deed — Subsequent documents were not in nature of fresh agreements so as to constitute substitution of original agreement to sell — It will therefore not require registration irrespective of fact that in meantime with effect from 1-7-77 registration of agreement to sell was made mandatory vide U.P. Act No. 57 of 1976.Further in view of Ss. 17 and 49 of the Registration Act, agreement transferring rights and title in the immovable property worth over Rs. 100/- is required to be registered compulsorily. This proposition of law is not applicable to an agreement to sell executed prior to 1-1-77 and also to the acknowledgments or the extensions of time granted to execute the sale deed in pursuance of the unregistered agreement to sell of the period prior to 1-1-1977. AIR 1992 All 346 and AIR 2000 SC 2633, Disting. (Paras1617).....