Can an arbitration decision be imposed in an unstamped or unregord agreement? The Supreme Court had ruled this issue in the SMS Tea Estates case (2011). It found that a provision of arbitration was not invalidated under the Registration Act of 1908 because of the non-registration of a document to be notified. A passage under Section 49 of the Registration Act allowed for the receipt of unregistered documents as evidence of ancillary agreements such as the arbitration provision. The Supreme Court recently upheld a court injunction that allows the plaintiff to conduct evidence of the unregord unsealed arrangement of the sale in his complaint for the recovery of the serious money paid by him at the time of the execution of the agreement for the sale. … However, in accordance with Section 17, paragraph 1, point a), of the Registration Act of 1908, this allegation is unrescribed, since an unregistered sales agreement … Arguing that an unregant agreement for sale may not be a basis for legal action for certain services, but with the utmost respect and humility towards the judge alone scholarly, I can not… as the basis for a legal action to obtain a certain benefit. An unreged sales agreement can only be used if the… In addition, Section 16 of the Act authorized the Court of Arbitration to determine the validity and existence of an arbitration provision and the Arbitral Tribunal could make the mandatory provisions of the stamp law effective. However, Section 35 of the Indian Stamp Act, 1899 (Act), prohibited courts from receiving in evidence unstamped or under-stamped documents unless they were corrected by the seizure and payment of defective fees and penalties.
The Supreme Court has decided that the provisions of the law on the protection of revenue and therefore of the mandatory and therefore mandatory and lack of stamp duty affects the compromise clause and cannot take effect, unless corrected at the beginning. In the case where an arbitral tribunal has been formed without judicial intervention, the arbitrator is responsible for seizing the document and implementing the mandatory provision of the act. India and its metropolises are a booming real estate market. All those who have a decent earning capacity want to invest in an asset that gives the security of high returns. In general, the most important and important document regarding real estate is the sales contract. Such a sales contract must be registered in a particular seat in the city. Today, we will discuss the validity of an unregured sales contract and count as a valid document without registration. A real estate sale agreement that provides for the sale on terms agreed between the parties (sales contract or ATS) does not in itself create any interest in the property or a charge. Section 54 of the Property Transfer Act, 1882 (TPA), defines the sale as a transfer of ownership at a price and provides that the sale of land worth more than 100 INR (cent) can only be done by a registered instrument. It should be noted that section 54 does not provide for the mandatory registration of the deed of sale, that is, the instrument used for the sale of real estate, but does not require the registration of the ATS. „1. A document to be registered, if not registered, is not admissible as evidence under Section 49 of the Registration Act.
In light of the discussion, we are of the opinion that, although the sale agreement is not registered, the decree sells the specific benefit can be put on the basis of the unregant agreement for sale in accordance with the law, as put by the Hon`ble Delhi High Court in Devinder Singh Vs.