Is unregistered sale deed eligible for suit for specific or part performance after 40 plus Years.

Question

I have an unregistered sale deed dated 1980, and UDR patta for SF Number 43/1. So based on the above documents can I file a suit for specific performance or part performance ?
On defendants side they have registered Partition deed in their name for 43/1 dated 1970.

Kala 1 Answer 142 views
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Answer ( 1 )

  1. instalegal
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    2021-11-06T06:50:42+05:30
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    This answer was edited.

    No, unregistered sale deed is not enforceable unless the parties have kept the execution alive. After 40 years, usually the execution would be barred but if both the parties want to get it registered, the same can be done. Further, if partly the performance has been done already by the parties, suit for specific performance can be filed but the limitation for the part performance needs to be addressed before the Court.

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