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Registration and Stamp Duty

Suraj Lamps Pvt. Ltd. v. State of Haryana, 2011 (11) SC 438.


Whether the Sale Agreement, the GPA and the will are legal and valid?


Section 54 of the Transfer of Property Act was taken into consideration that makes it clear that a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property.
Thus a transfer of immovable property by way of sale could only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title, or interest in an immovable property can be transferred except to the limited right granted under Section 53A of the Transfer of Property Act.

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