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Supreme Court of India 2023-04-10 dismissed

R. HEMALATHA vs KASHTHURI

Bench: 2 — M. R. Shah, Krishna Murari

In Brief

The Supreme Court addressed whether an unregistered Agreement to Sell, made compulsorily registrable under the Tamil Nadu Amendment Act 2012, could be admitted as evidence in a suit for specific performance. The Court held that despite Section 17(1)(g) making such agreements compulsorily registrable when valued at Rs. 100 or above, the proviso to Section 49 of the Registration Act permits unregistered agreements to be received as evidence in specific performance suits under the Specific Relief Act, 1877, provided they do not fall under Section 17(1A). The High Court's decision allowing the agreement as evidence was upheld and the appeal dismissed.

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Registration of Documents Specific Performance Evidence Immovable Property Transfer of Property Tamil Nadu Amendment Statutory Interpretation

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