📚 Legal Learning – Unregistered Sale Agreement Cannot Confer Valid Ownership
🧾 Key Legal Principles:
🔹 Agreement of Sale ≠ Ownership
An unregistered agreement of sale does not confer valid title to the property. It cannot serve as legal proof of ownership, especially in writ petitions filed under Article 226 of the Constitution.
🔹 Writ Relief Requires Proof of Possession
When seeking protection against dispossession via writ jurisdiction, the petitioner must prove either:
Valid title through registered conveyance
Or actual, physical, and lawful possession backed by evidence
🔹 Legal Requirements:
📜 Registration Act, 1908 – Sections 17, 49 & 23 mandate registration of sale deeds within the prescribed time to validate any property transfer.
🧾 Evidence Act – Mere reference to interim orders or pending litigation is not sufficient to prove possession. Strong, credible evidence of actual possession is required.
🧠 Legal Insight:
In land disputes, both title and possession must be proven with valid documents and evidence. Courts will not grant protection under Article 226 in the absence of such proof.
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