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Home | Advice | question and answer | Does unregistered sale deed have any legal validity?

Does unregistered sale deed have any legal validity?

By Shivendra Pratap Singh

Sir, we are three in our family (my mother and sister). We don’t have a father. For my sister’s marriage, we need money so we planned to sell our land. But we are willing to sell only a small area of land. Now brokers and buyer pressured, compelled us to give more area of land, but we are not willing for my sister’s marriage.

We accepted that people’s deal they made unregistered sale deed. They gave 15 lacs now we said it is enough for us. We don’t want more money and also we don’t give more land for you but they threaten us to give more land or otherwise we will put suit against you, with the unregistered sale deed. Please give suggestions sir.

A registered sale deed is mandatory if the value of a property is more than one hundred rupees. Sale deed without registration is a mere document which does not any right to the buyer.

Unregistered sale deed

The Transfer of Property Act and Registration Act makes it clear that the unregistered sale deed has no legal efficacy. 

In your case, the buyer will get no right and also he could not enforce that sale deed. If you denying to transfer that land, he cannot take legal recourse. 

Threatening to give more land

He cannot compel you to give more land. Selling of land is a contract and compulsion renders the contract void. So you should deny to give him more land instead of 15 lac rupees. 

You have taken the said amount for the sale of a particular land. So you can execute a sale deed for that land only. If he wants more land then he has to pay more money for that. 

Selling off more land is a new contract therefore you need a new consideration thereof. When he does not give a fresh consideration for that land you have the right to refuse. 

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