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1 - 10 of 20 (0.87 seconds)Section 23A in The Indian Stamp Act, 1899 [Entire Act]
The Registration Act, 1908
Section 32 in The Registration Act, 1908 [Entire Act]
Section 33 in The Registration Act, 1908 [Entire Act]
M/S Kiri Associates (P) Ltd. vs Pramod Kumar Mittal & Anr. on 3 June, 2016
The said judgment has been upheld in M/s. Kiri Associates P. Ltd. v Pramod
Kumar Mittal & Anr., (2017) SCC OnLine Del 8935
4
The Agreement to Sell dated 05.08.2021 is between the plaintiff and the
defendant. Therefore, liability of the return of the consideration amount of Rs.
10,00,000/- will be only against Defendant No. 1.
Section 34 in The Code of Civil Procedure, 1908 [Entire Act]
The Interest Act, 1978
Rambhau Namdeo Gajre vs Narayan Bapuji Dhotra (Dead) Through ... on 25 August, 2004
b. Agreement to Sell - While the Agreement to Sell is crucial in
property transactions, it does not, by itself, create any title in
the suit property. Section 53A of the Transfer of Property
Act, 1882, provides protection to the transferee under an
Agreement to Sell. However, as held by the Hon'ble
Supreme Court in Rambhau Namdeo Gajre v. Narayan
Bapuji Dhotra (Civil Appeal No. 4610 of 2000, decided on
25.08.2004), the benefits of Section 53A are contingent upon
the Agreement to Sell being registered1 and the requisite
stamp duty2 being paid. In this case, the Agreement to Sell
dated 05.08.2021 is neither registered nor has the requisite
stamp duty been paid. Therefore, no interest or right is
created in favor of the Plaintiff based on the unregistered
Agreement to Sell dated 05.08.2021.