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Mere execution on sale‑deed or unregistered without proof of payment or price and delivery of possession is not enough to pass title of property.

 2002 S C M R 1821

S.54‑‑Sale‑‑Essentials‑‑Sale of immovable property means transfer of ownership with delivery of possession on a price to be paid or promised to be paid
Mere execution on sale‑deed or unregistered without proof of payment or price and delivery of possession is not enough to pass title of property.
Temporary transfer of rights and interest in property either in full or in part, is not a sale.
Sale not in contravention of S.54 of Transfer of Property Act, 1882, would be a sale in the eye of law.
S.47‑‑Time from which registered document operates‑‑Title is determined from date of execution and not from date of registration of documents.
Registration Act (XVI of 1908)‑‑‑
Ss.17 & 49‑‑Non‑registration of document compulsorily registrable‑‑­Effect.
Exception‑‑‑Transfer of ownership rights through a document compulsorily registrable without its registration would not create title, but in exceptional circumstances even an unregistered document could also create a valid title.
S.48‑‑Registered and unregistered document‑‑Precedence‑‑Registered document would have precedence over unregistered document, even if the same was executed earlier in time.

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