The Hon’ble Division Bench of J.B. Pardiwala, J. and K.V. Viswanathan, J. addressed a nuanced but significant question in property and execution law: Whether a deed assigning a decree for specific performance of a sale agreement relating to immovable property required compulsory registration under Section 17(1)(e) of the Registration Act, 1908? The Division Bench held that no compulsory registration of an assignment deed, transferring the rights in a decree for specific performance, is required for the reason that no new rights, title or interest in property are created or transferred. FACTS OF THE CASE An Execution Application to the decree of specific performance was filed by the assignee seeking the possession and execution of the sale deed as per the decree of specific performance that was granted in favor of the Decree Holder (who transferred [Read More]

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