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CS Professional · Drafting, Pleadings and Appearances · Laws relating to Drafting and Conveyancing

Ramesh executed a registered sale deed of his Pune flat in favour of Anita. Earlier, he had orally agreed to sell the same flat to Sudhir, but no possession was ever delivered to Sudhir. Under the Registration Act, 1908, what is the position between the registered deed and the oral agreement?

The registered deed takes effect against the oral agreement. Section 48 of the Registration Act, 1908 gives priority to duly registered non-testamentary documents over oral agreements, except where the oral agreement was accompanied or followed by delivery of possession and is a valid transfer, which is absent here.

  1. AThe oral agreement prevails because it was made earlier
  2. BThe registered non-testamentary deed takes effect against the oral agreementCorrect
  3. CBoth take effect equally and the Court must apportion the flat
  4. DThe registered deed is void until Sudhir consents

Explanation

Section 48 says registered non-testamentary documents relating to property take effect against oral agreements or declarations, unless the agreement was accompanied or followed by delivery of possession and constitutes a valid transfer. No possession was delivered to Sudhir, so the exception does not apply.

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