UNREGISTERED AGREEMENT TO SELL OF IMMOVABLE PROPERTY

Section 23 of the Registration Act lays down that "no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution". Section 25 provides that If, owing to urgent necessity or unavoidable accident, any document executed, is not presented for registration till after the expiration of the time prescribed under sections 23 and 24, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration. Section 71 lays down that every Sub-Registrar who refuses to register a document shall make an order of refusal and record his reasons. Section 72 provides an appeal to the Registrar against the order of Sub-Registrar, where refusal is made on the ground of denial of execution. Section 77 provides that where the Registrar refuses to order the document to be registered, under section 72 or a decree under section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in a Civil Court, a suit for a decree directing the document to be registered. These provisions show that a suit for a decree directing for registration of the document can be instituted after recourse has been taken to the provisions of sections 71 and 72 of the Act.

The Full Bench consisting of 5 Hon'ble Judges has held in the case of Bhagwan Singh and Anr. v. Khuda Bakhsh and Anr. 1881 (III) ILR 397 that suit for claiming a decree directing the registration of document without having recourse to the provisions of section 73 of Registration Act is not maintainable. It is specifically held by the Full Bench that moving the application under section 73 of Registration Act is condition precedent for institution of such suit.

Sub section (1) of Section 17 of the Registration Act enumerates those categories of documents of which registration is compulsory. Clause (v) of sub section (2) of section 17, after its amendment by U.P. Act No. 57 of 1976, which came into force on 01.01.1977, reads as follows:

17(2) Nothing in clauses (b) and (c ) of sub-section (1) applies to-

(i) ...

(ii) ...

(iii) ...

(iv) ...

(v) any document, other than contract for sale, not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

In view of the aforesaid provision, the contract for sale of immovable property in Uttar Pradesh has to be a registered document. Section 49 of the Registration Act, as applicable in Uttar Pradesh after its amendment by U.P. Act No. 57 of 1976, provides that no document required by section 17 or by any provision of the Transfer of Property Act, 1882 or of any other law for the time being in force, to be registered shall affect any immovable property comprised therein, or be received as evidence of any transaction affecting such property or conferring such power or creating such right or relationship, unless it has been registered. In view of this provision, an unregistered agreement to sell of immovable property is inadmissible in evidence.

Whether the suit for specific performance of contract is maintainable

In the case of Surendra Kumar v. Amarjeet Singh and Ors. AIR 2004 Allahabad 335 has held that unregistered document of contract for sell in respect of immovable property cannot be enforced under Specific Relief Act. , It is barred by section 16 of Specific Relief Act,