Apni Law Staff asked 3 years ago
Two friends, Ram and Shyam, agreed to exchange their lands, but only signed a simple agreement, not a registered deed. Ram took possession of Shyam’s land, promising to formally transfer ownership within a set time. However, despite repeated requests, Ram refused to finalize the exchange. Instead, he started developing the land he received. Shyam served a legal notice demanding the formal transfer within the legal time limit. Can Shyam use this unregistered agreement as evidence in court to force Ram to complete the exchange? If not, how can Shyam get his land back?
Best Answer
Apni Law Staff answered 3 years ago
Under Indian law, an unregistered agreement for transfer of immovable property is not admissible as evidence in court. Shyam can’t directly enforce the agreement. He can file a suit for specific performance, presenting evidence of possession, development, and Ram’s refusal, to compel Ram to execute a registered deed of transfer.
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