Vidya Devi v Prem Prakash
Rule established
Unregistered sale deed cannot transfer title to immoveable property; may evidence agreement to sell for specific performance
Facts
- Sale deed was executed and signed but not presented for registration
- Buyer claimed title based on the unregistered document
- Seller disputed that title had passed
Issue
- Whether an unregistered sale deed can transfer title to immoveable property.
Held
- An unregistered document cannot operate as conveyance. S.54 mandates registration. The document may evidence an agreement to sell (for specific performance) but not a completed sale.
Ratio Decidendi
S.54 TPA and S.17 Registration Act together make registration the sine qua non of title transfer in immoveable property above Rs. 100. Without registration, the transfer is incomplete: title remains with the seller.
How to use it in an exam
Cite for mode of sale (S.54) and effect of non-registration. Key line: "An unregistered sale deed may evidence an agreement but cannot convey title."
Source
Source: AIR 1995 Supreme Court 2286
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Sale - Essential Features and ModeS.54: mandatory registration; effect of non-registration