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What is evidentiary value of an unregistered agreement in India

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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Question: What is evidentiary value of an unregistered agreement in India? My friend told me to purchase his land because he needs some money for the treatment of his wife. I was ready to purchase his land but not able to pay entire amount. Hence, we prepared an unregistered agreement. Thereupon I paid sixty lakh rupees to him. Now he is refusing to sell his land. Can I produce copy of unregistered agreement as an evidence?

Asked from: Delhi

An unregistered agreement in India does not have the same evidentiary value as a registered agreement. Under the Indian Registration Act, 1908, agreements related to immovable property must be registered in order to be considered valid and enforceable in a court of law. However, an unregistered agreement can be used as evidence of the existence of an agreement between the parties, and it can be used to prove the fact that an agreement was entered into.

In your case, since you have an unregistered agreement, you can produce a copy of it as evidence that an agreement was made between you and your friend, and that you paid a certain amount of money towards the purchase of the land. However, it may not be considered as a legally binding document, and it may not be enforceable in a court of law.

The evidentiary value of an unregistered agreement will depend on the specific circumstances of the case and the evidence that you are able to provide. The court will consider all the evidence presented, including the unregistered agreement, and make a decision based on the merits of the case.

An unregistered agreement is not considered as a valid contract between the parties, but it may be admissible as evidence in a court of law. If a dispute arises and the matter goes to court, an unregistered agreement may be considered as evidence to prove the terms of the agreement upon which both parties were agreed.

However, an unregistered agreement can be used as evidence of the existence of an agreement between the parties, and it can be used to prove the fact that an agreement was entered into. Additionally, an unregistered agreement can be used as evidence in a case where the parties are relying on the terms of the agreement in order to prove their respective cases.

It’s important to note that an unregistered agreement, although not legally binding, could be considered as an evidence of the parties’ intentions and negotiations, which could be used as a reference in case of a dispute.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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