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Supreme Court of India 2018-07-04 allowed

Ameer Minhaj vs Dierdre Elizabeth (Wright) Issar and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

A property owner and a company agreed in 1995 to sell land, with a Power of Attorney granted to facilitate the transaction. The company later assigned its rights to a buyer through an unregistered agreement in 2003. When the owner failed to complete the sale, the buyer sued for specific performance. The High Court rejected unregistered documents as inadmissible evidence. The Supreme Court held that unregistered contracts can be admitted as evidence in specific performance suits under the Registration Act's proviso, though they have no effect regarding possession protection. The Court restored the trial court's order allowing document admission and directed it to decide genuineness and validity matters on their merits after evidence is led, without prejudgment from admissibility rulings.

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Transfer of Property Registration of Documents Specific Performance Stamp Duty Evidence Law

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