It is a settled position of law that an Agreement to Sell with respect to an immovable property does not, of itself, transfer rights or ownership in the immovable property in favour of the transferee unless the sale deed is registered in terms of Section 17 of the Registration Act, 1908. Without registration, the Agreement… Continue reading Validity of Registered Sale Deed despite Non-Payment of Consideration
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Validity of an unregistered Agreement to Sell for an Immovable Property
The Transfer of Property Act 1882 [“the Act”] governs the transfer of property, whether moveable or immoveable and inter alia provides rights and liabilities of the parties, privy to such transfer. In order to give effect to transfer of an immovable property, it is essential that the Agreement to Sell by which the immoveable property… Continue reading Validity of an unregistered Agreement to Sell for an Immovable Property