MOU if delivered possession of immovable must be registered .
Otherwise it is not admissible in evidence .
No benefit under section 53 A of TPAct can be claimed on the basis of unregistered deed.
The agreement of sale is dated 29.11.2011 and MOU is dated 08.12.2021, which is obviously after coming into force of sub-section (1A) of Section 17 of the Registration Act, 1908.
As per this provision, even if the defendant claims to take benefit of Section 53A of the Transfer of Property Act, the agreement of sale and MOU could be registered one.
When these documents are unregistered one, then the defendant cannot even take benefit of Section 53A of the Transfer of Property Act, 1882.
Karnataka High Court
Mr.Srinivas Adhikeshavulu Dalvoi vs M/S Anushka Constructions Pvt Ltd.
21 April, 2025